Appellate Practice,
Law Practice
Jul. 20, 2022
Why should I care about empathy?
From the mediator’s perspective, bringing empathy to the mediation process can be a dangerous move, for a variety of reasons.
Robert S. Mann
Neutral
ADR Services, Inc.
Email: rmann@adrservices.com
Robert mediates and arbitrates business, real estate and construction disputes.
The issue of empathy in mediation isn’t quite as facetious as the title of this article might suggest. It is, in fact, a very real and very difficult issue for lawyers, parties and mediators.
Most people tend to think about mediation, and mediators, as falling into one of two categories: facilitative or evaluative. Facilitative mediators are thought to be more “touchy-feely,” more in touch with the emotions of the parties and more focused ...
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