“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. […]
Category: Mediations
Concierge duties during COVID -19: the expanding skillset of an online mediator
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 […]
Mediating in the midst of COVID-19
In the midst of the cancellation of events, potential school closures, self isolation and quarantine periods, it is understandable that you or your clients may have concerns. However, don’t assume your only option is to cancel any mediations already arranged, or delay arranging future mediations. For many claimants the day has been a long time coming […]
Preparing for mediation – 4 common grievances, and what mediators think about them
Over February and March I have been running training seminars on getting the most out of a mediation. Most people agree that mediation is an effective form of alternative dispute resolution that often leads to settlement on the day, or shortly thereafter. However, when talking about frustrations in preparing for mediation a few common themes […]
The mediation bundle: 3 reasons why it’s more important than you think
It contains gems of information for the well prepared mediator: providing insight on the potential psychological factors at play and enabling the mediator to get a head start on creating the right environment for resolution 1. Identify potential roadblocks – often the parties statements or expert reports contain information that is a red flag for […]
“They won’t listen to me” … this phrase should set off alarm bells in a negotiation
Why? Because it indicates that there is more work to be done before fruitful discussions can take place. As discussed in my last post, feeling as though you have been heard and understood ties into our self esteem and concept of self. If someone does not feel heard, the likely impact is that they will […]
Three reasons why self esteem is relevant in negotiations
Conflict fundamentally involves a breakdown in communications; therefore, it goes without saying that psychological factors will always be at play in any negotiation. As outlined in the first post in this series, it is highly unlikely that a shift in the attitude of parties in dispute will be achieved solely through black letter rational argument. […]
What does psychology have to do with mediation?
A lot actually ….. Many of you know that I studied psychology before I studied law. I’m not a psychologist, nor have I practiced as a psychologist, but I have always been intensely interested in the intersection of law and psychology. It is a significant driver in why I have focussed my mediation practice […]
What do mediators and hostage negotiators have in common?
They are both using skills that seek to reduce the impact of negative emotions that have derailed someone’s ability to think rationally. Both parties to a dispute usually have fairly strong views on the strength of their claim, both in terms of liability and quantum, and it may seem that the prospects of them […]
So, you think you’re a good listener… do you do these four things?
A significant predictor as to the success of mediation or other forms of settlement negotiations is the extent to which both parties listen to each other and understand each other’s needs and interests. Many of us think we are good listeners but, in reality, our self-assessment is unlikely to be accurate. An assessment by Jack […]