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…
Tag: maximize mediation
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.” …
Mediator Insights: How to Spot a Melting Ice Cube Case
Perhaps more so than any other situation, in a melting ice cube case, the best outcome for each is a consensual outcome for all. Let me explain. Most legal disputes are over the distribution of value. The value may be inventory, mineral interests, money, equity, contract performance, cessation of activities,…
Mediator Insights: Don’t Just Know What You Want, Know What You Need
As parties prepare for mediation, they often focus on what they want. They want $X. They want out of a contract. They want to pay nothing. They want…. Sometimes parties forget to also consider what they need. There is a big difference between what you want (e.g., everything you asked…
Mediator Insights: Receptivity and Resolution (Part 2)
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. …