ADR Insights: Goodnight Moon

“Goodnight room, goodnight moon, goodnight cow jumping over the moon…” Does just reading or hearing those words make you feel more relaxed? That is the beauty of Margaret Wise Brown’s book “Goodnight Moon.”  Her book has helped children fall asleep for decades and teaches us a valuable lesson for conflict…

MAYER MEDIATION MINUTE: Closure

Closure.  Closure is generally defined as the act of closing or a comforting sense of finality. But what does closure mean in mediation?  In mediation, closure is the sense of relief parties feel when they are able to put a dispute behind them. Particularly in emotionally charged, long-running, or very…

MAYER MEDIATION MINUTE: Be Curious

Today, I want to explore the importance of being curious. Curiosity allows us to learn and grow. Curiosity also leads to sharing. Sharing leads to understanding and connection. In mediation, understanding and connection can pave the path to resolution. So, in your next mediation, be curious.  Curious about opposing views. …

Mediator Insights: Help

Never be afraid to ask your mediator for help.  We all need a little help sometimes. To illustrate, let’s consider Audrey Wood’s Silly Sally, which is a children’s book written in rhyme.  I’d like to share a few excerpts. “Silly Sally went to town, walking backwards, upside down.” “Along the…

Mayer Mediation Minute: Use Your Listening Ears

Have you ever said to your kids “use your listening ears”? Just as it is important that our children use their listening ears at home and at school, so too is it important that we use our listening ears in mediation. As a mediator, I work hard to listen to…

Mediator Insights: Just Ask

Mediation is a multilayered process including, among other things, sharing, learning, probing, and exploring.  Sometimes, one or both parties get stuck.  And sometimes the stuck party will say “they will never accept what I can offer.”  Instead of trying, the stuck party has prejudged how the other side will respond. …

Mediator Insights: The Power of Flexible Thinking

In any dispute, there is often a wide disparity between what each side wants and what either side may realistically get.  One of the critical components in bridging the resolution divide is flexible thinking. Flexible thinking means the ability to adapt and adjust as the facts, the law, and the…

Mediator Insights: Don’t Overlook the Obvious

While very often the path to resolution of a dispute is circuitous, sometimes it is obvious and direct.  But all too often, those involved in the litigation cannot see it.  This is one way that a neutral can help. To illustrate how this arises outside of the dispute resolution context,…