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What Is Mediation? An Invitation To An Extraordinary Process

Written by Nhien T. Vuong, Attorney/Mediator

Topic: DivorcePublished October 7, 2007
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He would meet me at the door and lead me into his study. . . After sitting down there was always a silence—not a tense silence, uneasy as between two people who were not sure of each other, but a silence of expectation. This was not consciously agreed between us. It was a flow of peace and trust forming a prelude to speech. The silence was the silence of communication. (Aubrey Hodes, reporting on his conversations with Martin Buber, 1972.) Mediation is the art of facilitating dispute resolution through a dynamic process by which a neutral, third party manages communication and negotiation between parties in conflict. The mediation process is governed by the belief that the failure of communication serves as the number one basis for continuing conflict. The mediator’s primary job is therefore to cultivate a “flow of peace and trust” that is the precursor to effective communication, by bridging the gap where trust collapsed in the first instance and could not be restored by the parties without neutral, outside help. On this bridge, expertly suspended and held by the mediator between the parties in conflict, the parties have an opportunity to meet, during the space of the mediation, not just to ‘talk’ but to effectively communicate. The mediation process thus creates a safe meeting space where the parties are empowered tonn* share with one another their opinions on issues and the important values that each holds that serve as the bases for those opinions;nn* uncover previously unfathomed means of maximizing material, emotional, physically, psychological, and/or spiritual benefits for all involved;nn* explore rich opportunities for their own growth and healing; andnn* begin to establish or restore peace, within themselves as well as between one another. For more information about transforming conflicts into opportunities through the mediation process, contact Attorney/Mediator Nhien T. Vuong at info@mediateforpeace.com or 650.888.3018. Or visit her website: www.mediateforpeace.com.

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About the Author

Nhien (pronounced Nee-en) received her Juris Doctor in 1998 from Stanford Law School, where she first became acquainted with the practice and principles of mediation. She also has extensive professional mediation training from noted mediator/trainers such as Dana Curtis at Stanford Law School, and Nancy Foster of the Northern California Mediation Center. Nhien’s mediation training has included specialty training in the areas of family law and divorce mediation. Nhien currently serves as the Program Director for the Northern California Mediation Center's Affordable Mediation Program (AMP). She also serves as a volunteer mediator on the San Francisco Superior Court, Small Claims Mediation Panel.

Nhien has a broad range of legal experience. Upon graduation, she served as a judicial law clerk with Justice Bryner of the Alaska Supreme Court where she researched and advised the Court on issues ranging from the constitutionality of a legislative veto to the propriety of a child custody and support order.

Nhien has practiced litigation in Northern California for over seven years. In recent years, she was employed as a full-time associate attorney with Tucker Ellis & West LLP, in San Francisco. Her desire to help people find satisfying means of handling conflict and resolving disputes prompted her to step down from her full-time position and work on a contract basis.

Areas in which Nhien has practiced law include antitrust, securities, commercial, landlord-tenant, education, and family law. She is admitted to practice before the United States District Court for the Northern, Eastern, Central, and Southern Districts of California and all California courts.

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