Mediator Insights: The Grief in the Room

Do you know who participates in mediation?  People.  People participate in mediation.  Whether for themselves or a business, they are still people.  And many people who participate in mediation are grieving.  Their grief may or may not be related to the underlying dispute.  Regardless, their grief is often palpable and…

Mediator Insights: Stuck on No

Toddlers love the word “no.”  Some grownups do too.  I see this in mediations all too often.  One side is stuck on “no” and my job is to help them become unstuck. To illustrate, let’s consider Tracey Corderoy’s No! Otto is adorable.  Everyone says so – his parents, his grandparents,…

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…

Discussion with Tammy Lenksi about Making Mediation Your Day Job

When I launched my ADR practice in 2014, one of the resources that I most relied on was Tammy Lenski’s “Making Mediation Your Day Job,” so I was thrilled to have the opportunity to talk with Tammy about her book, building a mediation practice, and conflict resolution in general. Making…

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)

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…

Bankruptcy Mediation With Sylvia Mayer

Sylvia Mayer, Attorney, Mediator, and Arbitrator, discusses bankruptcy mediations, including: Bankruptcy 101 (start and finish, parties, claims); Two party disputes versus multi-party disputes; Types of disputes (claims, avoidance actions, plan negotiations, other issues); Use of mediation in bankruptcy, and Confidentiality and court approval in bankruptcy.

Preventive Mediation or a Healthy Alternative

How many times in the past month have you swallowed your anger, frustration or disappointment to avoid conflict? Or allowed the status quo to remain because there is no agreement on change? Or made excuses to cover mistakes or lapses, rather than address the underlying issue? And how often has…