In mediations we often hear the parties justify their positions using legal words and terms of law. They may have had lawyers advise them or not. They may have studied-up on their own. Or they may have simply absorbed our legal-adversarial culture watching lawyer dramas on television. Wherever they got them, they’ll use the words that sound a lot like legal claims or defenses.

Even if they don’t use the word, they’re talking about Justice.

I tell my mediation clients they can do better than Justice.

(more…)

Two ships had been steaming in formation. There has been a change. They are now on a collision course.

Gears in a machine had meshed well before. They have shifted slightly. They are now grinding against each other.

The machine had once been working well: efficiently, smoothly and quietly. Somewhere there has been a change. It is now less efficient. More energy is needed to get the same amount of work done. There is friction. It now makes noise. (more…)