CAMLAW: Complementary and Alternative Medicine Law Blog

Mediating HealthCare and Other Disputes: Mediation and Healing

Mediation uses many techniques from the healing arts, and can be even further enhanced by knowledge of energy healing.

Specifically, someone trained in techniques such as perceiving chakras, aligning intention, sending energy, and repairing energetic cords can add these abilities to traditional mediation techniques in order to heal broken relationships and help parties find their own creative solutions to difficult disputes.

Here is the article that originally appeared on mediate.com:

Mediation and Healing

by Michael Cohen

July 2004

Michael Cohen
Mediation is a healing path: it moves parties to reconcile their differences in an atmosphere that, ideally, improves their connectedness, bridges their separate objectives, and integrates rather than fragmenting through adversarial conduct. The parallels between mediation and energy work (also known by various names such as spiritual healing; energy healing; biofield healing) are beyond subtle: mediation aims to produce a “wise agreement” between the parties, according to Roger Fisher and Bill Ury in their classic book, Getting to Yes; similarly, energy work aims to produce a wise agreement within the individual, reconciling fragmented aspects of the self and facilitating a return to wholeness. Mediation builds community, while energy healing, when practiced responsibly, arguably builds communion with one’s self and others.

Thus, prior to entering into a negotiation and during the process, whatever emotions are swirling, one can fuel the exchange, through remembrance and the breath, to continually reset intention. For example, if the intention is to have a healing between the parties—a mutual understanding that repairs the cords between them and enhances relationship—hold that through the meeting. If the intention is to come up with creative, win-win solutions during brainstorming, holding that intention similarly should assist the process.

Of course, ethically (and spiritually), one should hold intentions that are sound, that produce satisfactory results for all sides; holding the intention to “defeat” the other in a win-lose, one-up/one-down dynamic facilitates neither wise agreement nor a better outcome. Similarly, holding a negative intention for the “adversary” as a means to wrestle advantage is neither wise nor advisable. On the other hand, understanding the interconnectedness of everyone in the room—including the mediators as well as the negotiators—can help set an intention that benefits everyone, and infuses the process with positive charge. There is much to be set about the application of techniques from energy to the world of mediation; understanding and wisely using intentionality is a good start.

Aside from these parallels, energy work may be used in mediation—or any negotiation—in a variety of ways. Whether one draws on techniques from Therapeutic Touch, Healing Touch, Polarity Therapy, the Barbara Brennan Healing Science methods that I learned, or even theories from acupuncture and traditional oriental medicine and/or the martial arts, a key to energy work is setting one’s intention. In the latter traditions, intentionality often is said to be rooted in the hara, a physical and energetic point in which one concentrates attention, awareness, focus, breath. By clarifying and then aligning intentionality in the hara, one can hope to produce a better result.

 

Michael H. Cohen, JD 

Education: B.A., Columbia University, New York, 1983. J.D., Boalt Hall School of Law, University of California, Berkeley, 1986. M.B.A., Haas School of Management, University of California, Berkeley, 1988. M.F.A., Iowa Writers' Workshop, University of Iowa, 1990.

Member of the Bar: California (1999), Massachusetts (1988), New York (1988), Washington D.C. (2000).

Selected Legal Experience: Legislative Aide, New York City Councilman Henry J. Stern (1982). Assistant Investment Officer, Municipal Assistance Corporation for the City of New York (1983). Invited to Boston University Law Review (1984). Invited to California Law Review (1984). Member and Book Review Editor, California Law Review (1984-86). Law Clerk, Judge Thomas P. Griesa, United States District Court, Southern District of New York (1986-87). Associate, Davis Polk & Wardwell, New York (corporate department), New York (1990-93). Associate, Shereff, Friedman, Hoffman & Goodman (litigation department), New York (1993). Adjunct Instructor, Brooklyn Law School (1993; legal writing, moot court); Associate Professor, Widener University School of Law and Chapman University School of Law (1993-99; civil procedure, conflicts of laws, constitutional law, criminal law, health law, insurance law); Visiting Professor, Arizona State University (East Campus 1999-00). Associate, Burkhalter, Michaels & George, Orange County, California (2000; Of Counsel, 2001-02). Senior Lecturer, College of the Bahamas (UWI/LLB Program) (2005-; intellectual property, legal methods, law of international organizations, private international law). Principal, Law Offices of Michael H. Cohen (opened in 1999).

If you are interested in mediating a healthcare dispute or any other dispute (i.e., family law dispute, elder law dispute, trust & estate / probate dispute, business dispute, dispute in a litigated case, or other situation), contact the Michael H Cohen Law Group regarding our mediation practice.

The Michael H Cohen Law Group advises businesses in the healthcare, lifestyle, wellness, and other industries, and leads with expertise in issues such as: HIPAA compliance, telemedicine laws, anti-kickback (and Stark and fee-spliting) issues, medical spa legal issues, integrative medicine regulation, FDA compliance (including dietary supplements, cosmetics, OTC drugs, and medical devices), technology (e-commerce, mobile apps, mobile medicine, etc.), and other emerging areas.  Contact our technology and healthcare attorneys today for a legal consultation.

Trackbacks (0) Links to blogs that reference this article Trackback URL
Comments (0) Read through and enter the discussion with the form at the end
COMPLEMENTARY & ALTERNATIVE MEDICINE LAW BLOG

Michael H. Cohen, Esq.; 468 North Camden Dr. | Beverly Hills, California 90210 | 310-844-3173