Never underestimate the power of being present. This is true in all interactions and particularly true in mediation. In mediation, often the power of presence can unblock the pathway to resolution. To illustrate, let’s consider Cori Doerrfeld’s The Rabbit Listened. Taylor has a box of building blocks. Taylor works hard…
Category: Negotiation
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…
Dispute Resolution Insights: It’s a Small World
Wishing all a Happy and Healthy New Year! It’s a world of laughter, a world of tears. It’s a world of hopes and a world of fears. There’s so much that we share that it’s time we’re aware it’s a small world after all. (from It’s a Small World (After…
Mediator Insights: Thinking Outside of the (Crayon) Box
Sometimes the solution to a problem is obvious or simple, but not always. Particularly in multifaceted conflict (such as complex litigation, restructuring negotiations, business divorces, and multi-party disputes), the path to resolution often requires thinking outside of the box. To illustrate, let’s consider Drew Daywalt’s “The Day the Crayons Quit.” …
Mediator Insights: How to Spot a Melting Ice Cube Case
Perhaps more so than any other situation, in a melting ice cube case, the best outcome for each is a consensual outcome for all. Let me explain. Most legal disputes are over the distribution of value. The value may be inventory, mineral interests, money, equity, contract performance, cessation of activities,…
Mediator Insights: How to Breach the Bully Barrier in Mediation
Bullies use aggressive behavior (physical and verbal) to intimidate and coerce others. Bullies show up in all aspects of life, including in mediation and negotiation. In many cases, the bully is the reason the dispute is in mediation. The bully has become the barrier to resolution. It is then the…
Mediator Insights: Myth – Negotiation is Manipulation
A common misconception is that negotiation (or mediation) is a form of manipulation. I strongly disagree. Manipulation influences outcomes through deception, lies, fear, and dominance. Whereas negotiation and, by extension, mediation influences decision-making through connection, communication, understanding, and exploration. As Dan Oblinger and Allan Tsang wrote in Negotiation Mythbusters: “When…
Book Review: Negotiation Mythbusters (Part 2)
Sylvia Mayer of https://smayerlaw.com/ joins Mac Pierre-Louis and Natalia Olowska-Czajka of https://olowskapierre.com/ to discuss Dan Oblinger and Allan Tsang’s Negotiation Mythbusters, which explores whether knowledge is really power and empathy is really necessary in negotiation and mediation. https://youtu.be/zI9kj45wcJg
Book Review: Negotiation Mythbusters (Part 1)
Sylvia Mayer of https://smayerlaw.com/ joins Mac Pierre-Louis and Natalia Olowska-Czajka of https://olowskapierre.com/ to discuss Dan Oblinger and Allan Tsang’s Negotiation Mythbusters, which challenges and redefines the concepts of trust and win-win in mediation. https://youtu.be/R9WTS-Wz1BY