In my last blog, I explained why it’s so important to understand the psychology and neuroscience of conflict in order to engage effectively in a mediation. I talked about an “amygdala hijack” which is an emotional response that occurs when strong emotions virtually take over the thinking part of your brain making it difficult, or […]
Mediations can be highly emotional for all parties involved, but especially so for claimants. For them, it’s often the only chance they will have to be heard, to say their piece and to finally put a matter to rest. They are likely to be stressed, fatigued from the drawn-out litigation process, confused, upset, hurt and […]
Damn Delta variant ….. Sydney has been plunged back into its longest Covid lockdown to date; and with no real end in sight … however with the learnings of lockdown #1 under our belts – mediations have seamlessly moved over to various AVL platforms. Once I finished brushing up on the updates (thank you Teams […]
The opening session in a mediation can elicit a range of emotions. It is often the first time that the parties interact with each other since the dispute arose. For claimants, the anxiety levels are usually very high and emotions are bubbling very close to the surface. For respondents, or more common in my area of […]
Have you ever wondered if a different mediator would have been more effective? Wouldn’t you love to have a crystal ball to foresee how the mediation will play out on the day? While that crystal ball doesn’t exist, choosing a mediator that the parties trust, and can develop a rapport with, is one of the […]
The claim is low value, liability looks straight forward, and your client is always wanting costs to be lower … avoiding the expense and logistics of a mediation may be appealing. Or At last few mediations it didn’t feel like the mediator is actually adding much …. again, avoiding the expense and logistics of a […]
Does this time of year bring you more headaches, sleepless nights, agitation. difficulty relaxing? If it does, you’re not alone. For those of us involved in litigation, particularly claims involving exposure to traumatic and confronting events, vicarious trauma is an occupational hazard – particularly at the time of year when the caseload is high and […]
Damn teenagers are hard – on one hand you are bursting with pride as you watch them mature; and at exactly the same time they can tear out your heart, twist it into wrangled mess, nonchalantly return it to you and then act surprised when you express disappointment and dismay. The past few weeks have […]
“Pivot” … the buzz word of 2020 … it was hard, but now I am celebrating. Many mediators have been forced to rapidly “pivot” and redesign their face to face mediation practices into an online offering. I know I have certainly spent many, many, hours learning how to navigate Zoom, Webex, Microsoft teams and Modron. […]
Choosing what platform to use for your online mediation requires a certain skill. Alas, since COVID-19 hit, my baking skills have not improved, I have still not finished watching Season 3 of Ozark and the garden is still in desperate need of a good weeding. But what I have done is rapidly expanded my skill […]
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