New Hampshire Bar Journal
2005 Summer, 4.
New Hampshire Bar Journal Volume 46, No. 2, Pg. 4 Summer 2005 Introduction Bar Journal Author - Attorney Peter J. Gardner
It has been a pleasure for me to serve as guest editor for this Alternative Dispute Resolution/Mediation issue of the New Hampshire Bar Journal. I am grateful to Executive Editor Michael DeLucia and Bar Association Communications Director Dan Wise for their invaluable assistance and excellent advice as this edition of the Journal took shape over the past many months. I am especially grateful to our authors, each of whom has put considerable thought and effort into producing insight and guidance for you, the reader and practitioner.
Mediation authority Leonard Riskin advises that one can judge a mediation as successful only after deciding what "success" means. Mediation, Riskin says, can humanize and contribute to better resolutions by developing true understanding between parties.
According to attorney John Garvey, the extent to which a mediator can solve problems successfully will depend on the extent to which he or she actively, patiently and tenaciously listens, questions, facilitates, and encourages.
Attorney Scott Flegal argues that the "Understanding-based model" of mediation resolves disputes more effectively than mediation models that utilize private caucusing, with the former enabling parties to craft their own solutions to a conflict and empowering the mediator.
Attorney Melinda Gheris describes the important role of emotion in mediation and how, in incorporating issues of emotion, mediators help to foster long-term relationships and sustainable solutions.
Peter Wolfe, coordinator of alternative dispute resolution programs for the courts and Sullivan County Superior Court Clerk, identifies important strategic, cognitive and structural barriers negotiators face on the road to settlement. Wolfe argues that a skilled mediator can help to overcome these barriers by controlling exchanges between parties, helping resolve information distortions, and providing parties an opportunity to present unfiltered perspectives.
Attorney Honey Hastings reviews...