Tag: Business Mediation
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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…
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Task #11: What’s wrong with the other side’s case?
Task #11: What’s wrong with the other side’s case? 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 collection of tasks each participant needs…
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Task #10: What is the weakness in your case?
Task #10: What are the weaknesses in your case? 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 collection of tasks each participant needs…
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Task #9: At what point will you know that the potential agreement is better than going to court?
Task #9: At what point will you know that the potential agreement is better than going to court? 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,…
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Task #4: How are you going to deal with them after the dispute?
Task #4: How are you going to deal with them after the dispute? 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 collection of…
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When It’s Just the Attorney at the Mediation.
When It’s Just the Attorney at the Mediation. At a recent seminar hosted by Gary Weiner, Mediation Program Administrator at the California Court of Appeal, First Appellate District, for the Court’s Mediation Panel, we had lively discussion about Provost v Regents, (2011) 201 Cal.App.4th 1289. I would like to focus on only one aspect raised…
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What do good mediators do?
What do good mediators do? What do good mediators do? At a recent seminar hosted by Gary Weiner, Mediation Program Administrator at the California Court of Appeal, First Appellate District, for the Court’s Mediation Panel, we had a brain storming session on what good mediators do. Here are some of my gleanings from my colleagues:…