How Old Is Draco Malfoy In Deathly Hallows Part 2 Mediation and Harry Potter – Mediators Are Like Magic Wands

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Mediation and Harry Potter – Mediators Are Like Magic Wands

As fans of the Harry Potter series, my wife and I were excited for the release of the latest film, Harry Potter and the Deathly Hallows – Part 2. We arranged a date, bought tickets, and were magically transported to a fantastical world of wizards, witches, and muggles for about 2 hours. It was great! We loved it so much we saw it again the next day with my mother-in-law.

For me, there’s nothing like a well-crafted adventure/fantasy movie to distract me from reality for that much-needed break from the demands of the day. For those of you who haven’t seen it yet, I won’t spoil it. Please read on.

Of course, any time there’s a story about magic, there’s a good chance wands will be involved. During this film, the audience is given a closer look at wands, which I thought could serve as a perfect analogy for mediums. So without further ado…

Wands are described as unique. Each is made from different ingredients. Some are more flexible than others. Some have characteristics such as “unyielding”. Wands are actually thought to be sentient. In other words, wands have the ability to recognize and perceive; they have consciousness.

For example, one of the characters, Draco Malfoy, while pointing his wand directly at Harry Potter, explains to Harry that he borrowed his mother’s wand. Draco then states that his mother’s wand is powerful, but that she doesn’t really understand him.

So how does this all relate to mediators?

As if by magic, intermediaries are unique. Each mediator brings a different life experience to the mediation table and perceives the world through their unique life filters.

For example, a mediator who had a chaotic or out-of-control childhood due to some family dysfunction may feel an intense need to exercise strict control over the mediation process. He may not be flexible enough to consider a creative alternative to the mediation process he has put in place. If your mediation would benefit from a mediation process that is different from the one chosen by the mediator, you are probably out of luck with that mediator.

NOTE: During my Master of Laws program at The Straus Institute, I had a fantastic course with Bill Eddy called “The Psychology of Conflict”. Bill Eddy is an attorney and licensed clinical social worker and directs the High Conflict Institute. We studied clusters of high-conflict personality types and associated conflict-related behavioral traits. Some mediators naturally exhibit high conflict behavior, as in the example above.

Like magic wands, some intermediaries are more flexible than others. For example, in cases where there is a history of domestic violence, a prudent mediator will strongly consider keeping the parties separate throughout the mediation process to eliminate the possibility of intimidation and provide a safe environment for the victim to feel comfortable opening up, being vulnerable, and effectively communicate.

I have personally been involved in a mediation where the parties had a history of domestic violence and the mediator either did not separate the parties or encouraged them to meet in the same room. This approach is neither right nor wrong and will depend on the circumstances of the case and shows that mediators simply have different views and approaches to mediation and domestic violence.

Like magic wands, mediators have characteristics that can affect the success of your mediation. For example, some mediators are bossy or domineering, while others may be more calm and patient. Some mediators are very extroverted and may talk more than he/she listens, while others are more introverted and likely to listen more than he/she talks.

Like Draco’s mother’s wand, your medium may not understand you. Does he have knowledge or understanding of the theory of personality types? Can he use this knowledge to facilitate communication between the parties? If you are an artist and you have a mediator who is an engineer, there is a high probability that they simply do not understand you or your perspective on your dispute.

Finally, there are different styles of mediation. Some mediators are evaluators. In other words, he will listen to your story and give you his best guess as to what might happen in court. Other mediators are more facilitative and would prefer to avoid any discussion of your legal rights and what might happen in court. If you decide to go to mediation without a lawyer, you may want an evaluative mediator. If you know your legal rights because you sought the advice of a great lawyer, you may prefer a mediator who will be more facilitative.

If you have the opportunity to choose your broker, choose wisely. You want a lawyer/mediator, former judge/mediator, psychologist/mediator, accountant/mediator, real estate agent/mediator, life insurance agent/mediator or engineer/mediator. Do you want someone who knows the law and your rights, or someone who knows more about human psychology? You may find a broker with a combination of these qualities!

In summary, I have shown you how intermediaries are similar to magic wands. Some are more flexible than others. Each has unique characteristics. Some may understand you while others may have no idea where you are coming from.

As a wizard using the right wand, it is absolutely essential that you work with the right mediator for your dispute. If there is one critical component to the success of a mediation, it would be the mediator.

Fortunately for all of us, mediators are not like wands in one respect. Harry Potter fans know that the wand maker Ollivander told Harry several times that the wizard is chosen by the wands. Fortunately, the mediator generally doesn’t choose you. You choose.

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