Originally from Alternatives to the High Cost of Litigation

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There is a trend to avoid or reduce mediation joint sessions to introduce or orient formalities without substantive presentations or discussion. The intention is to avoid early confrontation and further polarization.

This column has explored in detail how to respond to a highly emotional person in a caucus. Fresno, Calif., mediator Douglas Noll has mastered and promoted the process of Affect Labeling and uses it on a regular basis in his cases to address emotions. His focus, however, is primarily as a caucus tool when he is exploring an individual disputant’s interests and barriers to resolution. See Robert A. Creo, “Tell the Participant: ‘You Are Very Angry.’ Then Wait. That’s ‘Affect Labeling.’ And It Works.” 36 Alternatives 115 (September 2018) (available at https://bit.ly/3lboynI).