Going With the Flow: The Influence of “Groupthink” on Mediation Outcomes

By: Ira S. Bergman Florida Supreme Court Certified Circuit Civil Mediator What do the Bay of Pigs invasion, the bombing of Pearl Harbor and the Space Shuttle Challenger disaster have in common? Answer: They all have been cited as examples of how “groupthink” can lead to disastrous consequences. In better understanding...
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Mr. Cool and Mr. Duel: What We Can Learn From Franklin and Hamilton About Preparation

By: Ira S. Bergman Florida Supreme Court Certified Circuit Civil Mediator There are many reasons why mediations end in impasse. But, in my experience, the lack of preparation (by one side or sometimes both) often plays a key role. It therefore seems appropriate to delve further into the increasingly lost art of...
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Listen Up: Words of Wisdom from Jane Goodall

By: Ira S. Bergman Florida Supreme Court Certified Circuit Civil Mediator Jane Goodall is neither a lawyer nor a mediator, but a truly remarkable person nonetheless. Goodall is an acclaimed scientist and naturalist who, back in the 1960s, decided that she wanted to better understand chimpanzees and their unique genetic...
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Go ahead, Make My Day (By Settling Your Case): Movie Quotes and Mediation “Dont’s”

By: Ira S. Bergman Florida Supreme Court Certified Circuit Civil Mediator One of my favorite movie lines is from Casablanca,1 considered by many to be the greatest movie ever made. If you haven’t seen it, I urge you find some quiet time this weekend, pop some popcorn, dim the lights,...
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Mediation and Motorcycles: Lessons Learned From Robert Pirsig’s Epic 1970s Literary Road Trip

By: Ira S. Bergman Florida Supreme Court Certified Circuit Civil Mediator In 1974, Robert Pirsig published his masterclass in philosophy bearing a most unlikely title -- Zen and The Art of Motorcycle Maintenance: An Inquiry Into Values. It has been described as a “fictionalized autobiography” in which Pirsig explores (among other...
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