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.
Starlings v Blueberries – Last Friday’s ABA Representation in Mediation Competition Last Friday I participated in the ABA Representation in Mediation Competition. I was one of the judges of the competition. It was a two day event held at Berkeley Law in Boalt Hall at the University of California, Berkeley Campus. As Alternative Dispute Resolution… Continue reading Starlings v Blueberries – Last Friday’s ABA Representation in Mediation Competition
As your mediator, I am neither your friend nor foe. All too many come into the mediation anticipating that they will “win over” me or that I will advocate on their behalf. Often when this fails to happen, and it should fail to happen, they treat the mediator as an adversary. This does not help… Continue reading What do I do in a mediation?
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
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 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.
Task #14: Looking at the previous two questions, where do you think THEIR perspective differs from your own. Looking at the previous two questions below, where do you think THEIR perspective differs from your own. Task #12: What important understanding did you think you had when you originally got involved together? Task #13: In a… Continue reading Task #14: Looking at the previous two questions, where do you think THEIR perspective differs from your own.
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.
How to stay on the cutting edge of mediation The cutting edge of mediation. Recently, I wrote an article for our local Bar Association Journal on why someone would want to join the ADR section of the Bar. As the new Chair of the ADR section, was also needed to describe how membership has benefited… Continue reading How to stay on the cutting edge of mediation
Task #13: In a dispute, how did the relationship change? How did the relationship change? The resolution of a dispute does not just occur on the day of the mediation. Each participant to mediation needs to prepare their own strategy for negotiation in the settlement. Based on my experience as a mediator, these are a… Continue reading Task #13: In a dispute, how did the relationship change?