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…
Tag: mediator’s toolbox
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…
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
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)
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…
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…