Category: Mediation
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Task #14: Looking at the previous two questions, where do you think THEIR perspective differs from your own.
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…
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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…
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How to stay on the cutting edge of mediation
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…
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Task #13: In a dispute, how did the relationship change?
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…
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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…
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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:…
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Task #12: What important understanding did you think you had when you originally got involved together?
Task #12: What important understanding did you think you had when you originally got involved together? What important understanding did you think you had when you originally got involved together? 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…
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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…
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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…
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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…