Tactics

ADR, Conflict, crisis negotiatons, Dispute Resolution, Framing, Go to the balcony, Impasse, International Mediation, Tactics, Violence, War Stories

(University of New South Wales)/ /Leave a comment

Fisher and Ury’s Getting to Yes (first published in 1981 and never out of print)  was followed ten years later by Ury’s Getting Past No.  Both made a significant impact on our negotiation preparation and engagement. These texts, and others that followed, changed the landscape of negotiation in ways that have been remarkable and enduring….

Bias, Cognitive Bias, Success in mediation, Tactics, Uncategorized

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Mediators are well acquainted with parties blaming one another for problems.  Scapegoating in particular can get in the way of coming to terms, instead leading to an escalation of bad feelings and an increasingly toxic relationship.  However, what is less well-known is that ‘scapegoating’ can mean and imply different things, each of which calls for…

Efficiency, mediation process, Quality, Tactics

(ADR Center Romania)/ /4 Comments

This article was prepared by Christian-Radu Chereji and Constantin-Adi Gavrilă. The monologue situation We have all met the person in our mediations. The one that comes to the table and monopolizes the dialogue, which actually stops being a dialogue and turns into a long, ineffective monologue. And it goes on and on, with no end…

Clients, Commercial Mediation, Decision making, Experience, Framing, Impasse, Mediation Practice, Practical Challenges for Mediators, Skills, Tactics, Tips, Uncategorized, Values and attributes of a mediator

(University of Strathclyde)/ /Leave a comment
Negotiators in a mediation

It’s been a while since I wrote about practical tips for mediators. Yet when I ask people what they want from training or teaching the commonest answer is… practical tips. I offer some below on working with parties who take cold feet just as resolution is approaching. I was recently asked to speak with lawyers…

Costs in Mediation, Decision making, Interests, Lawyers, lawyers in mediation, Legal Issues, Legal Practice, Mediation Lawyering, Negotiation, Tactics, Trial Value

(University of Missouri Center for the Study of Dispute Resolution)/ /Leave a comment

While it is obvious that law is significant in legal disputes, how the law is used is not so obvious. This piece uses Oliver Wendell Holmes’s famous definition of the law as “prophecies of what the courts will do in fact,” rather than rules expressed in statutes, case law etc. It discusses two aspects of…

Conventional wisdom, Decision making, Evaluative Mediation, Improvisation, Intuition, mediation models, Mediation Practice, mediation process, Mindset, Practical Challenges for Mediators, Reflective Practice, Tactics, The role of the mediator

(University of Missouri Center for the Study of Dispute Resolution)/ /Leave a comment

I was puzzled to get an email from a mediator thanking me for my recent post, which advocated using a unified conceptual framework of unbundled mediation interventions. The puzzling part was that she wrote that it helped to “validate my theory that ‘bundling’ of mediation models can be appropriate and effective in the right case…

Argument, Below the line, Clients, Commercial Mediation, Dialogue, Experts, Fear, General, Joint Sessions, Lawyers, lawyers in mediation, Legal Issues, Litigation, Mediation Lawyering, mediation process, Preparation, Tactics

(Bill Marsh Mediator)/ /4 Comments

This is the first in a short series of how parties and advisers can best deploy the “assets” at their disposal in a mediation. Naturally, it is written from my perspective as a mediator, and so I recognise that it may look different when you are representing one side in a mediation, rather than in…

Appointment of Mediators, Creativity, Developing the Field, Ethics, Evaluative Mediation, Fear, insider and outsider mediators, Intuition, mediation models, Mediation Outcomes, Mediators’ Conduct, omnipartiality in mediation, Online Dispute Resolution (ODR), Online Mediation, Perception, Practical Challenges for Mediators, Research, Skills, Success in mediation, Tactics, The role of the mediator, Tips, user perspectives

(Weiler ADR Inc.)/ /4 Comments

“Hi, I’m Rick. I’m your mediator for today. I can’t decide what happens in this dumb dispute or how you resolve issues. My job is just to help people who are incapable of resolving conflict, like yourselves, find areas that you can agree on. That means I get to control what appears in the messages,…

Argument, Below the line, Bias, Brexit, caucus, Cognitive Bias, Conflict, Conventional wisdom, Creativity, Decision making, Dialogue, Ethics, Fear, General, Impasse, Instinct, Interests, Intuition, Joint Sessions, Leaders, Leadership, Mediation Outcomes, Mediation Practice, mediation process, Mediators’ Conduct, Negotiation, Non-violent communication, Patience, Perception, Practical Challenges for Mediators, Reflective Practice, shuttle mediation, Skills, Status, Success in mediation, Tactics, Teamwork, The role of the mediator, Tips, Transformation

(Bill Marsh Mediator)/ /4 Comments

One of the privileges of mediating is to watch leaders at work. Every party, every team, has its leader(s). And as any mediator will tell you, the way in which they choose to lead during a mediation – and more widely during the conflict or dispute itself – has a significant impact on the outcome;…

Communication, Electronic Sports, Framing, Instinct, Patience, Planning, Preparation, Skills, Tactics, Technology, Young Mediators

(Singapore International Mediation Institute)/ /Leave a comment
Young Mediators Initiative (YMI)

Today I want to talk about why mediators should care about EVO Moment #37. For those of you new to the eSports (“electronic sports”) scene, there is an annual tournament, the Evolution Championship Series (“EVO”), that focuses exclusively on fighting games. Such games typically have players battle each other with unique characters, with the first…