As we return to in-person conferences, networking events, and other gatherings, we may need to dust off our networking and small talk skills. This article explores “8 F’s” to use to start a conversation or keep a conversation going as you re-engage. Reprinted with permission from the https://www.americanhealthlaw.org/.
Media, Presentations & Articles
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…
Arbitrator Insights: You Know What They Say About Assumptions?
You know what they say about assumptions, right? From the arbitrator’s perspective, there are four common assumptions parties make that impact an arbitration. These involve acronyms, informality, discovery, and damages. Acronyms. While the attorneys may have been immersed in the case for several months or even longer, the arbitrators have…
Ethics and the Art of Mediation
Attorneys owe a duty of candor to the tribunal and competency to their clients, but what obligations does an attorney bear in mediation? This article, reprinted with the permission of the American Bankruptcy Institute (www.abi.org), offers practical ethics guidance to assist attorneys representing parties in bankruptcy mediation. In the article,…
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…
Idle Chat with Natalie Armstrong-Motin
I had fun chatting with Natalie Armstrong-Motin. We learned more about each other, including our shared love of reading. Idle Chat
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