As noted in my prior article, 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. …
Media, Presentations & Articles
Mediator Insights: A Glimpse Behind the Curtain
Offering a glimpse behind the mediator’s curtain to enhance parties’ ability to find the yellow brick road paving the path to resolution of disputes in mediation. Drawing on analogies from the Wizard of Oz, this article offers suggestions to advocates in mediation. © 2022 by the American Bar Association. Reproduced…
Can You Spot the Differences? And Similarities? Comparing Family Divorces with Business Divorces in Mediation
Sylvia Mayer of https://smayerlaw.com/ joins Mac Pierre-Louis and Natalia Olowska-Czajka of https://olowskapierre.com/ to explore the differences and similarities between mediating family divorces (when a couple separate and need to divide up their property and, if children are involved, set a custody schedule) and business divorces (when owners of a small…
Book Review: Robert Cialdini’s Pre-Suasion: A Revolutionary Way to Influence and Persuade (Part 1)
Sylvia Mayer of https://smayerlaw.com/ joins Mac Pierre-Louis and Natalia Olowska-Czajka of https://olowskapierre.com/ to discuss Robert Cialdini’s Pre-Suasion: A Revolutionary Way to Influence and Persuade. Sylvia is an avid reader and shares her takeaways from reading Pre-Suasion and how they apply to mediation and conflict resolution. At its core, relying on…
Mediator Insights: Dropping Anchor Bias in Mediation and Negotiation
While we may think we are objective and open-minded, we all have internal cognitive biases that affect our understanding and decision-making. One common bias is anchor bias, which occurs when we rely heavily on one piece of data to the exclusion of all other information. In Robert Cialdini’s Pre-Suasion: A…
Mediator Insights: Click Clack Moo: Balancing Competing Interests in Mediation
In simple terms, litigation is a conflict arising from competing interests. Party A sues Party B. Party A wants money. Party B does not want to pay. Party A wants a contract modified or terminated. Party B does not. There are a myriad of dynamics in litigation that boil down…
Everything You Wanted to Know About Arbitration (But Were Afraid To Ask): Filing for Arbitration and Preliminary Conferences
Looking forward to participating in this panel discussion webinar. Hope to “see” you there! Everything You Wanted to Know About Arbitration (But Were Afraid To Ask): Filing for Arbitration and Preliminary Conferences ABA Litigation Section Solo & Small Firm Committee Commercial & Business Litigation and Young Advocates Committee Wednesday, June 15,…
Crystal Ball: Predictions about Bankruptcy Mediations
Sylvia Mayer of https://smayerlaw.com/ joins Mac Pierre-Louis and Natalia Olowska-Czajka of https://olowskapierre.com/ to look into the crystal ball and predict the direction of bankruptcy mediation in 2022. Mediation is used in bankruptcy cases in a variety of contexts, including disputed claims, challenges to discharge, avoidance actions, cash collateral and DIP…
Mediator Insights: Can You Hear Me? Missed Opportunities in Mediation and Conflict Resolution
Dr. Seuss’ “One Fish, Two Fish, Red Fish, Blue Fish” offers a classic example of missed opportunities. Let me draw you a picture. Visualize this: Two Dr. Seuss characters are standing back-to-back in a room. One is named Joe. We do not know the other’s name. Each is holding a…
Is Trust a Necessity in Bankruptcy Negotiation and Mediation?
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…