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EXPERT OPINION APRIL 12, 2021 ¦ 43

agreement. Positions are just proxies for interests. well) zero-sum games. A mediation is actually a
Surprisingly, this 40-year-old idea is still new to joint problem-solving session. You can’t solve the
many people. I suppose something in our nature problem yourself—you need the other person (no
leads us to go straight to positions and lock in. one mediates alone).
Having spent time with people exploring the in- I’ve noticed that people usually see only their
terests behind their positions, I’ve discovered that side of the problem and have only one solution to
although sometimes this is enough, sometimes offer—a resolution that is the same as a big win
their interests are also in conflict. What to do? for them at trial. Of course, the other side will
not agree to this solution. Instead, they have their
own solution, equally unacceptable to their op-
Explore Their Stories
Why explore clients’ stories? Because the stories position.
we tell about ourselves create our interests, which Both sides are missing the optimal solution to
in turn establish our positions. their problem—the agreement that creates the
This idea has its origin in narrative therapy, most value for everyone. As a mediator, I help
which guides a person from telling an unhealthy people reach optimal solutions by revealing their
story about herself to a healthy one. About 20 options, the best of which fulfill everyone’s inter-
years ago, that practice was brought quietly from ests (and which come from the stories they tell).
therapy to mediation (“Narrative Mediation, A Everyone then agrees to the solution that selects
New Approach to Conflict Resolution,” Winslade the best option.
& Monk).
You probably have never heard of narrative Give Back and Pay It Forward
mediation, but it is useful in both simple, seem- If mediation is a client-centric process about
ingly zero-sum disputes (such as a tort case that interests to reach an optimal agreement, then
seeks agreement on one thing) and complex cases the process itself should add to the social good.
(such as a business dispute that seeks agreement Consider an organic farm that produces toxic
on many things). You probably know the term waste—this is problematic. So it is with media-
“reframe.” A reframe is really a new narrative. The tion. Built into every mediation center should be
better the mediator, the better the reframe, and a social good element—for example, donation of a
from there we move to a better understanding of part of the revenue to a charity.
interests and then to new positions. ¦

Christopher P. Kriesen is the founder and prin-

Reach Optimal Solutions cipal of The Kalon Law Firm in Hartford, which
Only one side wins a trial, but no one wins or hosts the Kalon ADR Center. The center donates
loses a mediation. Mediations are not (if done 5% of its revenue to Hartford Youth Scholars.

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