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,…
Tag: tips for mediation
Power of Imagination in Mediation
Imagine. Imagine closure. Imagine being able to focus on your future. Imagine having this lawsuit behind you. Imagination is a powerful tool in mediation. Sometimes, the most effective path to conflict resolution is to imagine a future without conflict. To illustrate, I will share a story about a “business divorce”…
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…
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…
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…