Originally from Alternatives to the High Cost of Litigation

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Emotions are present in all participants in a mediation session, including the mediator. The dynamics of the overwhelming majority of litigated cases and interpersonal claims involve negative emotions. But in more than three decades of serving as a neutral, there have been right and shining moments of joy, hope, gratitude, grace, humility, trust, and kindness, and other virtuous behavior in mediation.

At a CPR Annual Meeting way back in January 2005, my colleague and good friend Bennett J. Picker, a renowned mediator based in Philadelphia, presented a plenary session on effective mediation. He started with a question: What is the one best word to describe mediation?

The audience called out various words without success. I already had numerous discussions with Ben on his views of mediation, so he ultimately called on me to yell out the word: Hope.