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Viktor Frankl and the Art of Mediation
Viktor Frankl and the Art of Mediation
Descrição

: Inspired in the books “Man’s Search for Meaning” by Viktor Frankl, and “Health, Stress and Coping” by Aaron Antonovsky, this article approaches the concepts of Salutogenisis and Logotherapy from the mediator’s standpoint. The primary section will investigate the common ground in their theories, which is the pursuit of meaning in suffering. This will first be examined as a tool to overcome hardships in human life, and, subsequently, as a way to manage hurting parties in mediations, providing them with the structure to engage in a process that goes beyond settlement. Then, Frankl’s call for responsibility over people’s response to life events and empowerment in the face of suffering will be explored in alignment with the basic principle of mediation: party self-determination. This article defends that legitimate settlement arises when parties take ownership of their role in the process and act in accordance with their values and desires, which lead to greater procedural satisfaction and higher compliance with the terms of the agreement. The last section is dedicated to an interview conceded by Hon. Judge Daniel Weinstein (Ret.), whose journey does justice to the beautiful Art of Mediation. He believes that magic can happen in mediations and generously shared his strategies to create the necessary environment to do so. Finally, he shared techniques to deal with human irrationalities and influence tactics he witnessed in his practice.

Sumário

1 Introduction – 2 The Art of Navigating Suffering through Positive Psychology – 3 The Art of Empowerment through Party Self-Determination – 4 Interviewing Judge Daniel Weinstein – 5 Final Considerations – References.

  • Viktor Frankl and the Art of Mediation
  • Viktor Frankl and the Art of Mediation

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RANZOLIN, Ricardo (org.). Arbipedia. Comentários à Lei Brasileira de Arbitragem. Arbipedia, Porto Alegre, 2025.
Acesso em: 12-09-2025. Disponível em: https://www.arbipedia.com.br/conteudo-exclusivo/11350-viktor-frankl-and-the-art-of-mediation.html?category_id=193

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