An oft-touted truism about both negotiation and mediation is that trust is critical to reaching an agreement. But is it? Parties typically come to mediation or engage in negotiation with a trust deficit. Perhaps parties feel wronged, betrayed, or angry. Perhaps there is no prior history between the parties, or…
Category: Negotiation
Mediator Insights: Receptivity and Resolution
Receptivity is being open to listening and accepting new information, ideas, or suggestions. In the context of mediation, receptivity is often the key to resolution (i.e., settlement). Receptivity is also the core focus of Robert Cialdini’s Pre-Suasion: A Revolutionary Way to Influence and Persuade. Cialdini coined the word “pre-suasion” to…
Power of Imagination in Mediation
Imagine. Imagine closure. Imagine being able to focus on your future. Imagine having this lawsuit behind you. Imagination is a powerful tool in mediation. Sometimes, the most effective path to conflict resolution is to imagine a future without conflict. To illustrate, I will share a story about a “business divorce”…
Timing and Authenticity of an Apology in Mediation
An apology not received is no apology at all. In some mediations, an injured party may need a well-timed and authentic apology before they can move forward with conflict resolution. Timing and authenticity are the keys to an effective apology. Let me illustrate with two examples. I mediated a dispute…
Use Your Listening Ears in Mediation
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…
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
Magic Words of Persuasion
Magic Words of Persuasion By: Sylvia Mayer But. If. Imagine. Goods News! These magic words help open us up to possibilities and opportunities. And that is what persuasion is all about. But. Think about it. When you hear “but,” do you remember what came before it? Do you fixate on…