Recently, as I sat in a mediation room awaiting the arrival of lawyers and clients I did something I have often done for more than 20 years. I performed an ancient divination ritual. I cast the I Ching.

The I Ching is an ancient Chinese oracle dating back about 3,000 years. It has provided insight and inspiration to the worlds of religion, psychoanalysis, literature, and art. I have found it helpful in the world of conflict resolution as well.

The Hexagrams

At its core the I Ching is a set of 64 hexagrams – six stacked lines, broken or unbroken – said to represent every possible situation.

Traditionally the hexagram is constructed by the person consulting the oracle line by line by casting forty-nine stalks of the yarrow plant or three coins. Nowadays the internet provides more convenient options.

The hexagram, once complete, links to a message from the text. The best of the English translations of the I Ching, or Book of Changes is still that of Richard Wilhelm, translated from the German in 1950, with a foreword by C. G Jung. Jung was in his 80s when he wrote the foreword which links the I Ching to his theories of archetypes, synchronicity and the limitations of the Western scientific principle of causality. It’s well worth the read and can be found here.

I consult the I Ching because I have found that it attunes me to influences (not the least those within me) that I need to be conscious of as I approach the mediation session. Let me share an example.

A Recent Consultation

The recent case I referred to was a multiple party professional negligence claim, involving numerous issues of fact and law and which had given rise to some bad blood among a few of the lawyers involved. I thought some guidance was in order.

The first step in consulting the I Ching is to formulate a question. I find it works best to frame a vague, open question such as, “What influences should I be aware of in today’s mediation?” The particular online tool I use can be found here. I type in the question and then I pause. I take deep breaths and concentrate on the question blocking out all distractions. In that state I hit the “cast” button. The hexagram appears immediately.

In the recent consultation the result was hexagram 32 – Heng / Duration:

THE JUDGMENT:  DURATION. Success. No blame.
Perseverance furthers.
It furthers one to have somewhere to go.

THE IMAGE:  Thunder and wind: the image of DURATION.

Thus the superior man stands firm
And does not change has direction.

Wilhelm’s translation offers the following commentary: “Duration is a state whose movement is not worn down by hindrances. It is not a state of rest, for mere standstill is regression. Duration is rather the self-contained and therefore self-renewing movement of an organized, firmly integrated whole, taking place in accordance with immutable laws and beginning anew at every ending.”

Now a key feature of each casting is that certain lines, due to the power they contain, change from a broken to unbroken line or the opposite. In this case the second and sixth line (from the bottom) changed and the text associated with the changing lines was as follows:

“Nine in the second place means: Remorse disappears.”

“Six at the top means: Restlessness as an enduring condition brings misfortune.”

The new hexagram resulting from the changing lines was 50. Ting / The Caldron:

THE JUDGMENT:  THE CALDRON. Supreme good fortune. Success.

THE IMAGE:  Fire over wood:  The image of THE CALDRON.

Thus the superior man consolidates his fate
By making his position correct.

By the way, the full text of the Wilhelm translation of the I Ching can be found here.

All of this caused me to mindfully reflect on the dynamics of the day: the case, the clients, the lawyers, myself.

The Result

No, the case did not settle at this mediation although everyone involved spent two hours in a joint session, without caucusing, during which important procedural agreements were reached which should hasten the ultimate resolution of the matter.

Did the I Ching play a role? Who can say? I consult it for the pragmatic reason that I have found it helps me.

I appreciate some readers of this blog will reject the notion of employing ancient Chinese divination in the context of modern commercial mediation out of hand. I would spend no time trying to persuade them otherwise. Jung acknowledged in his foreword that the I Ching is not for everyone. I can only say that for me it has proven efficacious and I will continue to consult the oracle.


________________________

To make sure you do not miss out on regular updates from the Kluwer Mediation Blog, please subscribe here.


Profile Navigator and Relationship Indicator
Access 17,000+ data-driven profiles of arbitrators, expert witnesses, and counsels, derived from Kluwer Arbitration's comprehensive collection of international cases and awards and appointment data of leading arbitral institutions, to uncover potential conflicts of interest.

Learn how Kluwer Arbitration can support you.

Kluwer Arbitration
This page as PDF

Leave a Reply

Your email address will not be published. Required fields are marked *