Author Archives: kshobbs

About kshobbs

Karin has mediated over 3,600 disputes in her 14 years as a full on professional mediator.

Recalling Traumatic Events: Cathartic or Destructive?

Should we really have clients recount traumatic events in detail in mediation?  Or is that actually a disservice to clients?   Are we reinforcing fear, and sidetracking settlement?  Or are we helping clients move past the trauma? According to recent … Continue reading

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Mediation and Negotiation by Skype?

Should you mediate by Skype?  Perhaps.  There are benefits and warnings. When a recent case was scheduled and one client would not be present in person, an attorney called me to discuss the client’s participation by telephone.  After a short … Continue reading

Posted in Confidentiality, Difficult People, Emotions, Ethics, law, mediation, Mediation Advocacy, Settlement | Tagged | 5 Comments

The Pull of Hate in Lawsuits

“Let no man pull you low enough to hate him.” Every year at this time, we are reminded of the great work of Reverend Martin Luther King, Jr.  So often I encounter people who seem to “hate” each other. In a … Continue reading

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Negotiating By Email

Should you negotiate by email?  Scientific American says no, citing a recent study involving 48 MBA students from three universities.  In the study, students were given $89 to divide with another person.  64% of the time, the students lied when … Continue reading

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Mediation and Horse Whispering

Early in my mediation training, a mediation trainer played a video of a horse whisperer.  Mediation is much like horse whispering, she explained.  I have been pondering her message for years. Fast forward to 2011.  If you haven’t, I highly recommend … Continue reading

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iPad Mediators

Have you ever been in a mediation and the damn mediator is working harder on his iPad than on your case?  Erg.  This is not the first time I have heard this complaint.  I have a friend who recently had … Continue reading

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Working With the “Crazy Ones” in Mediation

Steve Jobs encouraged us to celebrate “the crazy ones, the misfits, the rebels, the trouble-makers, the round pegs in the square holes, the ones who see things differently.” As mediators, we often meet these so-called “crazy ones.”  They are involved … Continue reading

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HOA Boards: Mediation vs. Arbitration?

You find yourself on a community association board.  Homeowners are complaining about leaking roofs, damaged walls and soggy carpet.  The board’s attorney has filed a lawsuit against the roofer.  The roofer sued the general contractor and the developer who both … Continue reading

Posted in Arbitration, Community Association, Construction Defect, HOA, law, mediation, Mediation Advocacy, Settlement | Tagged , , , , | Leave a comment

Mediator Selection: What Mixture of Skills?

Mediator selection is one of the more important decisions you will make as you prepare for mediation. Check with others about their experiences with mediators.  Think carefully about what all attorneys and clients need.  But, most importantly, interview the prospective … Continue reading

Posted in Appellate Mediation, Joint session, Mediation Advocacy, Opening statement, Settlement | Tagged , , , , , , | Leave a comment

Shift to Professional Mediators vs. Diplomats in Warring Countries? Cool.

Great news.  Foreign governments are promoting professional private mediators as an effective method of resolving world conflicts.  They actually recognize the value of professional mediators working to resolve conflicts  rather than diplomats.  Private mediators lack the political baggage that diplomats … Continue reading

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