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…
Tag: bankruptcy mediation
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,…
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…
Bankruptcy Mediation with Sylvia Mayer (Part 2)
Arbitrator, mediator and attorney, Sylvia Mayer, continues to discuss bankruptcy mediation, including the ways it is similar to and different from mediating other civil and commercial disputes. Bankruptcy Mediation with Sylvia Mayer (Part 2)
Sylvia Mayer Inducted into National Academy of Distinguished Neutrals (NADN)
Sylvia Mayer Inducted into National Academy of Distinguished Neutrals S. Mayer Law is pleased to announce that Sylvia Mayer has been inducted into the National Academy of Distinguished Neutrals (NADN) for both arbitration and mediation. Sylvia Mayer with S. Mayer Law focuses her practice on dispute resolution, including arbitration and…
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…
Maximizing the Value of Bankruptcy Mediation
Sylvia Mayer – Arbitrator, Mediator & Attorney – shares her insights on how to maximize the value of bankruptcy mediation. Autonomy. Flexibility. Privacy. Cost Efficiency. Closure. These are some of the many reasons that parties choose to mediate. But once the parties agree to mediate, then what? Below are suggestions…
Top Five Tips in Preparing for Bankruptcy Mediation
Sylvia Mayer – Arbitrator, Mediator & Attorney – offers her top five tips to prepare for a bankruptcy mediation. Most bankruptcy attorneys are born negotiators. It is part of our DNA to zealously advocate for our client’s position and simultaneously explore options for consensual resolution. Unfortunately, many bankruptcy disputes cannot…
Is Timing Everything in Mediation?
Sylvia Mayer (Attorney, Mediator and Arbitrator) discusses timing in mediation. Time and timing permeate all aspects of the mediation process, including: When is a dispute ripe for mediation? When are parties receptive to evaluative feedback? When should a mediator’s settlement proposal be made? When should an apology be offered? They…