Tag: Margaret Heffernan

  • With the right tools we can handle more conflict.

    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. …

  • 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…

  • 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…

  • 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…

  • 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…

  • 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…

  • 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…