Mediation Blog

Updated: Dec 9, 2021

Let's clear up some misconceptions right away about mindfulness. Mindfulness is not a religion, a yoga mat is not required, nor do you need chanting, candles or a waterfall. Mindfulness is simply being aware in the present moment without judgment. In the end, being mindful is only awareness, perception, and a state of mind.


Mindfulness Basics


Mindfulness has a long and ancient history but is backed by modern neuroscience. Studies have shown that mindfulness has positive effects on the parts of the human brain that regulate emotions and happiness. Mindfulness has also gone mainstream as many universities, major corporations, sports teams, and even the U.S. Army now use it.


When you are being mindful, you are able to discern situations for what they are in a calm and deliberate manner. Instead of using assumptions, biases, or emotions, you are using facts to make decisions. When making decisions in a mindful manner, you are evaluating not reacting. A mindful view is broad, inclusive and strategic, not narrow and limited.


Finally, communication is enhanced when you are being mindful. Mindful communication entails concentrated listening to your counterpart without judgment to gather information. Likewise, mindful communication means that you will choose appropriate words and body language to keep the dialogue going in a useful way. When two people are communicating in a mindful way, there is really no problem they cannot try to solve.


Mindfulness Benefits for Mediation


With this understanding of what mindfulness entails as well as its goal, I am sure you will agree that mindfulness is in fact an important tool for dispute resolution and mediation. Being mindful with a concentrated and clear mind, is an obvious asset for problem solving. Likewise, communicating in a mindful way opens doors for solutions and collaborative work. Resolving a legal dispute at mediation takes two, and mindfulness can help get you there.


If you are interested in learning more, please be sure to check out the Resources page on the website as well as this fantastic article by Professor Leonard Riskin: Knowing Yourself: Mindfulness.


Stay well,

Patrick Russell

Miami Florida Mediator


Meaningful Mediation is Ethical, Mindful, and Strategic

meaningful mediation

#mediation #adr #disputeresolution #mindfulness

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Updated: Dec 9, 2021

A voluntary resolution of a dispute often hinges on the connection you have with the other side. Developing or enhancing your connection with the other side will go a long way to settling your dispute.


Mediation is Joint Problem Solving


I would propose that settlement is nothing more than collaboration and joint problem solving. In the end, you want to be able to work together in a creative way to solve what ends up being a common problem. People rarely want to work together when they are being bullied, insulted or ordered around.


Building a connection starts first with communication and sharing information. What life experiences, interests, values, and ideas do you share? You would be surprised how much each in common there is between us, all it takes is to ask and share.


While you do not need to become the best of friends, you can certainly at the very least develop a level of mutual respect. With respect, admiration, and even friendship, there is nothing that you cannot resolve. Under these circumstances, you are willing to help the other and vice versa. This is the essence of working towards collaboration.


The Takeaway


As lawyers our natural instinct is to argue the facts and law, while ignoring the relationship. If you want to solve problems, solve the people first. Work on the facts and the law later. I think you might be surprised at how much easier it will be to reach an agreement this way.


Speaking of connection, my first newsletter, "The Mindful Minute" is being released. As the name suggests, it should take you only 60 seconds or less to read the monthly newsletter. I hope you all enjoy the single update, resource, and tip in each newsletter. You can find the newsletter, and check out other press or presentations that I have given in the Press & Presentations page.


Stay well,

Patrick Russell

Miami Florida Mediator


Meaningful Mediation is Ethical, Mindful, and Strategic

meaningful mediation

#mediation #adr #disputeresolution

20 views0 comments

Updated: Dec 9, 2021

This is my inaugural blog posting for Meaningful Mediation. Ethical, mindful, dispute resolution is a passion. When done right, it is also transformative. I am glad you are here and willing to learn more.


Mediation Tips and Resources


I hope you all enjoy the website and resources that are being shared, just as much as I have in putting them all together. As for now, please check out the Resources page that will be periodically updated with articles and links to all things related to dispute resolution. Also in the works is a video series that I will produce to cover tips on topics related to mindfulness, mediation, and negotiation. Stay tuned.


As time goes on, I will be using this platform to share my ideas and tips for how to transform mediation, negotiation, and even your own perspective to make mediation more meaningful. I plan to keep these updates short and brief out of respect for everyone's time and attention. If you want more, you know where to come. I welcome your comments and suggestions.


Stay well,

Patrick Russell

Miami Florida Mediator


Meaningful Mediation is Ethical, Mindful, and Strategic

meaningful mediation

#mediation #adr #disputeresolution

18 views0 comments