In January 1918, a soldier stationed at Fort Riley, Kan., reported to the base hospital suffering from flu-like symptoms: a sore throat, fever and chest pain. By lunchtime that day, more than 100 soldiers had come down with the same mysterious malady. This was the beginning of the influenza pandemic that struck the U.S., and later the world, a century ago.

This article first appeared in the Maine Lawyers Review, June 18, 2020.

Anyone who has spent any time mediating, either representing a party or acting as the neutral, knows that the role of a mediator is typically defined by the parties, the nature of the litigation and the best path toward a resolution. Certainly, a mediator is a neutral facilitator, but the same can be said of arbitrators.

Mediation training has ventured into mindfulness, a contemplative practice that teaches mediators to develop a sense of calm. One benefit of this practice is evident when the energy in the mediation session is less than positive.