I recently finished reading The Power of Moments by Chip Heath and Dan Heath (Simon &Schuster, New York 2017) for an upcoming book club discussion. The authors note that we spend the bulk of our lives living forgettable moments. Yet, every once in a while, we have a moment that rises above the mundane: a defining moment: “… a short experience that is both memorable and meaningful.” (Id. at 12.)

Can attending a mediation be a defining moment?  For many, it is as it provides the opportunity for a dispute to be resolved once and for all. To a “one-shot” player, it is an extraordinary event- one that does not occur daily, weekly, monthly, or even yearly. It may be a once-in-a-lifetime event!

And attending a mediation can  provide “insight.” One aspect of insight is “tripping over the truth”:

When you have a sudden realization, one that you didn’t see coming, and one that you know viscerally is right, you’ve tripped over the truth. (Id. at 103.)

“Tripping over the truth” is often a three-part process: a clear insight; compressed in time and a discovery made by the party, herself. (Id. at 105.) And as noted, it is usually preceded by a “ “crystallization of discontent”, a dramatic moment when an array of isolated misgivings and complaints became linked….” (Id. at 103.)

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