With the right tools we can handle more conflict.

Mediation is conflict at its best.   All of the tools, I, as a mediator brings to the mediation help manage the conflict to a great resolution. Management expert Margaret Heffernan postulated five counterintuitive guidelines learned in her years running businesses and organizations in her TEDGlobal 2012 presentation. Her insight has great implications for successful mediations. … Continue reading With the right tools we can handle more conflict.

In Conflict, it is never a bad idea to have a cooling off period

Margaret Heffernan final counterintuitive idea to encourage healthy conflict would be after a decision is made, declare a cooling off period.    Her suggestion is to ask everyone to go home and think about the decision on their own as well as discuss it with their associates.  Then come back after a prescribed amount of time… Continue reading In Conflict, it is never a bad idea to have a cooling off period

Why I joined the ADR section – article

Here is the article that was just published in the Contra Costa Lawyer, Volume 26, Number 1- January 2013.  I am starting an exciting years as Chair of the ADR Section of the Contra Costa Bar Association. Meet Your Section Leaders – Alternative Dispute Resolution How has section membership benefited your practice? I joined the… Continue reading Why I joined the ADR section – article

Imagine you cannot do what you all want to do.

Imagine Imagine you cannot do what you all want to do.  Management expert Margaret Heffernan postulated this counterintuitive idea learned in her years running businesses and organizations in her TEDGlobal 2012 presentation. In other words, think about what you would do if you could fire someone, if you could change the timetable, or if you… Continue reading Imagine you cannot do what you all want to do.

Listen for what is NOT being said.

Listen for what is NOT being said Listen for what is NOT being said is counter-intuitive, but very important.  You need to find the elephant in the room.   Listening for what is not being said is the primary job of the mediator.  What we do is listen, clarify and re-frame.  We may notice trends that… Continue reading Listen for what is NOT being said.

Find Allies in Your Opponent in a Conflict.

Find Allies in Your Opponent in a Conflict. Find Allies:  Management expert Margaret Heffernan postulated this counter intuitive idea learned in her years running businesses and organizations in her TEDGlobal 2012 presentation. Naturally, the first ally you should seek is your mediator.  As a mediator, it is my job to be your ally and to… Continue reading Find Allies in Your Opponent in a Conflict.

Mediation outside the USA in Europe – the differences

Mediation Outside the USA in Europe My Mediation Society Colleagues, Bruce Edwards, Patrice Prince and Dana Curtis shared their observations on Mediation in Europe at a recent breakfast meeting. They attended the International Summer School on Business Mediation in Admont, Austria this last summer.  Here are some of their observations European Mediation from my notes:… Continue reading Mediation outside the USA in Europe – the differences

Our friend the Devil’s Advocate.

Our friend the Devil’s Advocate. Our friend the Devil’s Advocate is the first of Margaret Heffernan’s counterintuitive guidelines. It is useful conflict resolution to appoint a devil’s advocate.  Someone whose excellence is demonstrated by the quality of questions they asked.  Great questions include: What are the best reasons not to do this? Why are we… Continue reading Our friend the Devil’s Advocate.

I’m tired of being called a Mediation Neutral.

I’m tired of being called a Mediation Neutral. Most Mediators describe themselves as being neutrals. I’m tired of being called a Mediation Neutral. It doesn’t help that the courts and clients expect us to be neutral and describes us as such.  But mediators in Europe have difficulty with the description. In the German Language the term… Continue reading I’m tired of being called a Mediation Neutral.

We need more conflict in our lives.

We need more conflict in our lives. Management expert Margaret Heffernan postulated this counterintuitive lesson learned in her years running businesses and organizations in her TEDGlobal 2012 presentation. Her insight has great implications for successful mediations.  I have always contended that mediation is conflict at its best and her insight bares this out.   Heffernan has… Continue reading We need more conflict in our lives.