Tag: Business Mediation
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What do I do in a mediation?
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…
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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…
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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…
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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…
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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:…