Dynamic Mediation is the application of Business Therapy in a Litigation Setting.
With formal mediation, the parties meet with their counsel for a time-limited period for the specific purpose of hammering out a deal. Counsel must continue to advocate for their clients. The mediator is limited to working with the perspectives and ways of thinking that led to the impasse to begin with. Change has to happen in the time allocated. In that setting, there is little opportunity to fully address the underlying personal issues that may the true cause of the impasse.
With Dynamic Mediation, Michel Zelnick meets with the parties directly over a period of time, without counsel, yet with counsel available as a resource. The personal and historical issues that may be interfering with any constructive resolution are addressed directly. The parties are given the opportunity to process their concerns and emotions in a non-adversarial manner, to have their way of thinking impartially reviewed, and to have their perspectives understood in a more constructive manner. With Dynamic Mediation, time and money is not spent arguing. Instead, positive change happens naturally and over the appropriate amount of time.
As Albert Einstein said “No problem can be solved from the same consciousness that created it.”
The intended outcome of Dynamic Mediation is to hit the “reset” button. Then, the parties have the opportunity to deal with each other from a more grounded and clear-headed place, now able to act in his or her true self-interest, to understand and address one another’s genuine concerns, and to constructively arrive at a mutually satisfying solution.