About Helen Lightstone Helen Lightstone is the founder of the Lightstone Academy for Conflict Resolution and is an educator, a Chartered Mediator, Qualified Arbitrator, licensed paralegal and college professor. After earning her paralegal license in 2008, Helen received her certificate in Alternative Dispute Resolution from York University and then earned her Master of Laws (LL.M) in Dispute Resolution from Osgoode Hall Law School in 2017. Dubbed “the Mediation Lady” by her students, she has taught ADR for the Department of National Defence and to police officers in Belize with Riverdale Mediation. Helen coaches at Osgoode Hall Law School in their Master of Laws, Dispute Resolution program. The Lightstone Academy is proud to have three accredited courses by the Alternative Dispute Resolution Institute of Ontario. Helen Lightstone Founder, Lightstone Academy for Conflict Resolution 24 Cheltonwood Way, Whitby, ON L1R 0C8, Canada Tel: +1 647-668-4146 email@example.com lightstonemediationservices.com establish the foundation for a successful mediation. Power imbalances. These present a tremendous challenge to a mediation, and it is up to the mediator to do their best to balance the power in the room. Typically, one party overestimates their power and underestimates the other. It would be important for a mediator to caucus with each party to discuss the perceptions of power. Sometimes it is not possible to move forward with the mediation and other steps need to be addressed so that both parties may come to the table equally, even if that is at a later date. Counsel/parties attending in bad faith. This poses a challenge to the mediator as they need to find out why they are not participating in good faith. I like to think of the Interests Iceberg in these scenarios and I bring my thoughts right back to the Essentials where positions and interests are introduced. Their position? “I do not want to participate!” Their interests? Their wants, needs, fears, desires and concerns, etc. A caucus to discuss the lack of interest in participating might uncover some other reason or underlying interest for not wanting to participate. In what ways have you seen the dispute resolution space change since you began working in the sector? COVID has brought on many changes in the sector since I started working as a mediator. In 2020, we moved from in-person to this online space where we did not know how effective the new process would be. What does online mean to rapport-building, confidentiality and active listening, such as reading body language? However, in 2022, we are becoming used to online dispute resolution and I have colleagues who believe that there is little to no difference between mediating in person or online. Another way the sector has changed is the increasing interest in conflict resolution training from lawyers and paralegals. I have noted over the years that licensees have developed a keen interest in resolving conflict outside of the courtroom, saving their clients time, money and stress. It suggests to me that many licensees see the advantages in being collaborative. What foundational advice would you give to a legal professional seeking to receive designations as a qualified or chartered mediator in alternative dispute resolution? Training through the Lightstone Academy for Conflict Resolution will help any legal professional receive a qualified or chartered mediator designation. Once a legal professional has received a designation, the next and equally important foundational piece is to get Errors & Omissions insurance. In truth, as I tell all my participants, you simply cannot open your doors without it. 57 JUL 2022 | WWW.LAWYER-MONTHLY.COM EXPERT INSIGHT I have noted over the years that licensees have developed a keen interest in resolving conflict outside of the courtroom, saving their clients time, money and stress.