While very often the path to resolution of a dispute is circuitous, sometimes it is obvious and direct. But all too often, those involved in the litigation cannot see it. This is one way that a neutral can help. To illustrate how this arises outside of the dispute resolution context,…
Tag: bankruptcy mediation
Mediator Insights: Leave Your Expectations at the Door
In the world of dispute resolution and mediation, everyone has expectations. Sometimes those expectations are basic or practical. For example, parties expect to know when and where to be for the mediation. Parties expect the mediator to address the process and ground rules for the mediation. They expect to have…
Mediator Insights: The Power of Presence
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…
Mayer Mediation Minute: Think
In mediation, it is important to pause and take the time to think. Think before you speak. Think before you react. Think before you respond. Think before you reject. Think before you decide. Use that time to think about your needs, instead of your wants. Use that time to think…
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.” …
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…