Check out my presentation regarding the application of mediation disputes among artists and cultural organizations for the Volunteer Lawyers for the Arts. Thanks to D’lynne Plummer for the opportunity to present and Megan Low for her comments and guidance.
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Successful mediators need to explore and understand the emotions and motivations of each party. The best way to achieve such understanding is to engage in “einfuhlung,” the act of entering a work of art or literature and feeling the emotions expressed by artist through the work of art. Think of the conflict as a story or novel and try to view the parties as complex characters.
This excellent article by Karla McLaren explores the concept of einfuhlung as a critical part of developing a better awareness of the emotional experience of others. http://karlamclaren.com/einfuhlung-and-empathy/
Mediators should be inspired by “einfuhlung” and explore the dynamics of a conflict as if looking at a painting or watching a drama unfold. By asking “what are the parties experiencing” and “why are the parties acting in a certain way,” in the same way one would consider the actions of characters in a novel, mediators can deepen their understanding of the parties in a way that may lead towards more satisfying, permanent resolutions.
Filed under Mediation
Mediation Works 