Using your listening ears (in the form of active and empathic listening) is a powerful component of any successful mediation or negotiation. While particularly effective when a party feels wronged, betrayed, or angry, it is useful in all contexts. Let me share two stories to demonstrate. The first example was…
Category: Mediation
Avoiding Thinking Snares in Mediation
Thinking snares are common barriers to conflict resolution in mediation. What are thinking snares? They are patterns of thinking that impede our ability to be objective, to weigh conflicting information, and to re-evaluate positions. Let me share a story providing a truly stark example of a thinking snare. I had…
The ABC’s and Path to Resolution
Really enjoyed the opportunity to join Dr. Debra Dupree to discuss the ABC’s and Path to Resolution. Debra Dupree and the ABC’s
Discussion with Tammy Lenksi about Making Mediation Your Day Job
When I launched my ADR practice in 2014, one of the resources that I most relied on was Tammy Lenski’s “Making Mediation Your Day Job,” so I was thrilled to have the opportunity to talk with Tammy about her book, building a mediation practice, and conflict resolution in general. Making…
Bankruptcy Mediation with Sylvia Mayer (Part 2)
Arbitrator, mediator and attorney, Sylvia Mayer, continues to discuss bankruptcy mediation, including the ways it is similar to and different from mediating other civil and commercial disputes. Bankruptcy Mediation with Sylvia Mayer (Part 2)
Bankruptcy Mediation With Sylvia Mayer
Sylvia Mayer, Attorney, Mediator, and Arbitrator, discusses bankruptcy mediations, including: Bankruptcy 101 (start and finish, parties, claims); Two party disputes versus multi-party disputes; Types of disputes (claims, avoidance actions, plan negotiations, other issues); Use of mediation in bankruptcy, and Confidentiality and court approval in bankruptcy.
Preventive Mediation or a Healthy Alternative
How many times in the past month have you swallowed your anger, frustration or disappointment to avoid conflict? Or allowed the status quo to remain because there is no agreement on change? Or made excuses to cover mistakes or lapses, rather than address the underlying issue? And how often has…
The Power of a Pause in Mediation
I recently mediated a dispute over money either borrowed (according to one party) or gifted (according to the other party). While nominally the dispute was about money, as is true so often, the underlying conflict was personal. Through opening statements, it became clear that what the parties most needed was…