The fundamental difference between mediation and litigation can be distilled down to dualistic thinking. Inherent in dualism is the belief in polarized views of phenomena, e.g., “good” versus “bad,” “right” versus “wrong,” “win” versus “lose,” etc. Litigation embraces and, to an important degree, is based on these dualistic notions.
Non-dualism, however, views dualistic thinking as highly conditioned notions about phenomena quite apart from the nature of such phenomena. Instead of polarized constructions, a non-dualistic approach seeks to connect with the core essence of phenomena while letting go of thought-driven dualistic constructs. Thus where litigation embraces right/wrong, good/bad, mediation instead aims to help parties more clearly identify and connect with optimal solutions that will best balance the competing interests of all involved, including a far wider range of stakeholders.
By integrating psychotherapeutic principles relevant to my practice as a psychotherapist, with my legal training and experience acquired as as an attorney, my unique online mediation approach helps parties experientially connect with approaches to conflict resolution that transcend dualistic notions. My integrated, holistic approach helps parties experientially connect to roots of conflict that previously resided below conscious awareness. Rather than approaching conflict resolution as a “zero sum” game in which one party wins and the other loses, my approach facilitates access to a higher intuitive sense of how to best reconcile competing interests.