In Mediation, we are always reminded of the crucial importance of empathy. Its use in the process brings mediators closer to the interest and consequent mindset of the parties involved, and contributes to the reinforcement of yet another crucial factor in the process: the parties’ trust in the mediator and in the process itself. Sometimes, however, the actual usage of empathy in Mediation...
One morning this week, as I started my day reading the news, as usual, I cringed at yet another hint that we might indeed be losing our grip on that promising future I have always envisioned. And this time revelation came in the way of incompetent (to say the least!) lawyers filing a motion for their client, a very famous public figure. The document followed no standard of judicial procedure, nor contained certain basics (again, to say the least) expected from such a legal instrument....
So many times have we witnessed parties ignoring one of the most powerful skills available to them in negotiation. To our (and their) benefit, we, Mediators, do not, and are therefore able to intervene and utilise of such skill to help them get closer to a resolution. The challenge lies, however, in the instances when parties reach the mediation table already too blinded by their own biases, and hence unable to exercise the many effective options available...
As we approach the first quarter of the new century, we sometimes find people engaging in behaviours that no longer reflect the present. Whilst one may naturally resist change momentarily in building up the future, we may not ignore the factual present. To still question the advent of online dispute resolution, and most importantly, the validity of online Mediation is one of those behaviours that no longer reflects the circumstances of the present...
Many don’t seem to realise the importance of training and experience in the art of meditation and dispute resolution. It is many times frustrating for parties to believe that all has been done towards reaching an agreement, and the perception is that a Mediator (or a Negotiation Consultant) will do very little to help them advance and break impasse...
One rarely forgets their first few clients. One of mine, I remember, was a businessman who walked into my office bringing with him a dispute involving a contracted sale of one his products. Having been a businessman for a long time, one could say he also had some experience with the legal system – he was begrudgingly accustomed to the adversarial way of resolving his business’ disputes through litigation...