The Complete Guide to Creative Mediation - Chapter 35 - AAA Handbook on Mediation - Third Edition
Gerald S. (Jerry) Clay is a Partner in the law firm of Clay Chapman Iwamura Pulice & Nervell where he emphasizes the practice of mediation and arbitration. Since 1975, Mr. Clay has presided over 500 mediation matters, particularly focusing on commercial and property disputes. He is the author of Before You Sue, - How to Get Justice Without Going to Court, an introduction to mediation. He is listed in Best Lawyers in America; Best Lawyers in Hawaii; and Super Lawyers in categories of alternative dispute resolution and construction law. Mr. Clay taught Negotiation and Conflict Resolution at Hawaii Pacific University from 1989 to 2004 and was an Adjunct Professor of Law at the University of Hawaii Law School in 2005. He has lectured and trained arbitrators and mediators for professional and dispute resolution organizations world-wide.
Jim Hoenig, J.D., PhD. (psychology) is the only person in Hawaii listed in both the “ADR” and “Family Law Mediation” categories in The Best Lawyers in America and Best Lawyers in Hawaii. He has over 20 years experience as a full-time Mediator and Arbitrator specializing in difficult and complex business and family matters. Mr. Hoenig graduated first in his class from Stanford and Stanford Law School. He was Law Review President, and he later served as Law Clerk to the Chief Justice of the United States Supreme Court. Lawdragon Magazine (in its 2006 survey, “500 Leading Judges in America”) said about Mr. Hoenig: “When Hawaii couples call it quits, he’s the mediator of choice to resolve contentious disputes.”
THE COMPLETE GUIDE TO CREATIVE MEDIATION
Gerald S. Clay and James K. Hoenig
Mediation resolves disputes through the assisted exercise of a power which most disputants do not even realize they have until they no longer have it: the power to determine their own outcome by reaching a mutually acceptable resolution of their dispute. While virtually every other dispute resolution process cedes all or part of the power to determine outcome to a third party, mediation is an informal, voluntary, loosely structured process in which the mediator facilitates communication, encourages exchange of information and ideas, tests the reality of parties’ perceptions and ideas, advises, suggests, translates what is said to detoxify the emotional climate, and at times recommends and persuades, all in the service of assisting the parties to reach their own agreement.