Now that I have hit double digits as a neutral, I thought I would share some mediation practice tips for attorneys based on lessons learned over the last 10 years. Be Prepared. I prepare for every mediation, and you should too. You should know the case and also your client. …
Category: Mayer Mediation Minute
MAYER MEDIATION MINUTE: The ABC’s of Mediation
As a mediator, I often say that I rely heavily on the ABC’s of mediation. What are the ABC’s of mediation? A: I am an analyst. I analyze the facts and the law. I analyze options, outcomes, and the cues that I receive from the parties. B: I am a…
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. …
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…
Mayer Mediation Minute: Word Cues
As a mediator, I pay attention to word cues. You should too. As you interact with others, listen for the words they use. Not just what the words mean, but the words that are said. Subconsciously, we all offer cues on how we process information. Someone who processes through logical…
Mayer Mediation Minute: Believe
As a mediator, I start every mediation believing that we will find a path to resolution. You should believe it too. Why is it important for the parties to believe? Because if you believe it is possible then it will be. Belief shapes our thoughts and influences our actions. Our…
Mayer Mediation Minute: Think
In mediation, it is important to pause and take the time to think. Think before you speak. Think before you react. Think before you respond. Think before you reject. Think before you decide. Use that time to think about your needs, instead of your wants. Use that time to think…
Mayer Mediation Minute: Breathe
Emotions can run high in mediation. When that happens, the best solution is to breathe. Just breathe. Breathe in. Breathe out. Taking that moment to calm yourself can help you move forward in the mediation. So, when you feel the emotions building, just breathe. Inhale. Exhale. Repeat. Take a breath…
Mayer Mediation Minute: Candor
Candor is being open, honest, and frank. Candor is an important ingredient in mediation. Be candid when you have a pre-mediation call with the mediator. Be candid when weighing the strengths and weaknesses of your case. Be candid when you are exploring settlement options during the mediation. Candor is the…