Tag: conflict resolution
-
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…
-
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…
-
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…
-
Arbitrator’s Duty to Avoid Potential Conflicts
Arbitrator’s Duty to Avoid Potential Conflicts Upon accepting an appointment, arbitrators should always avoid entering into any financial, business or other relationship that is likely to affect impartiality or might reasonably create an appearance of partiality or bias. For example, an arbitrator should not accept any engagement involving a party while an arbitration case is…
-
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…
-
Arbitrator’s Duty to Neutrality
Arbitrator’s Duty to Neutrality It is the Arbitrator’s duty to be impartial and neutral throughout a proceeding. Impartiality extends to parties, counsel, agents, witnesses, co-panelists and even the type of case involved. Arbitrators must be impartial in both appearance and in fact. Arbitrators are viewed by parties in an arbitration case much as a judge…
-
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…
-
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…
-
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…
-
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…