Originally from Alternatives to the High Cost of Litigation

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As addressed in last month’s Part 1, disgust is primal as an emotion and motivator. Its fraternal twin, contempt, which is an attitude or belief, involves thought, conscious and unconscious, and can be modified by deliberative choices.

This nuance, however, is important— essential—for mediators to understand, identify, and effectively address during the course of the mediation process.

All disputes have a relational context. The participants have had a past or present economic or interpersonal relationship, or a one-off event, such as an incident resulting in a tort claim, which forms the factual basis of the dispute.

There also may be a future relationship, even if it is only a tail or transition period, necessitated by any resolution, including verdicts.