It is sometimes difficult to convey the importance of training and experience in the art of meditation and dispute resolution. For warring parties, who believe there is nothing else to be done towards attempting an agreement, the perception is that a Mediator (or a Negotiation Consultant) would do very little to help them advance and break impasse. Regardless of how long that impasse is taking.
In the middle of conflict, many parties don’t seem to be able to detach themselves from the factors clouding their decision-making process. Everything seems complicated. After all, they are emotionally, professionally, and/or egotistically invested in their conflict. All they can envision is a long-lasting and expensive combat interaction with the other party, in Court. Hence the crucial contribution a dispute resolution professional can bring to the table. In simple terms, they can make sure that communication flows between the parties, that signals are understood, and that relevant information is exchanged with the purpose of saving time, money, moving forward and of achieving a satisfactory resolution. In other words, they simplify things.
As dispute resolution professionals, Mediators, for instance, are astute in knowing the exact moment the use of flexible and “soft” language can help advance dialogue. Or in knowing when cordial yet stern words can bring parties to focus. They are knowledgeable enough to apply diplomatic language when it is most needed, and perhaps even unexpected. Mediators can educate parties about the meaning of any “unreasonable offer”, explore the meaning of the respective “signals” coming form the other side, filter any difficult communication attempted, help parties focus on their interests, streamline the process, and keep them positively focused on reaching a resolution.
Negotiation consultants help parties assess their risks, benefits, and alternatives so that they can make an informed decision towards reaching an agreement.
All those skills may be taken for granted by uninformed parties, or idiosyncratic lawyers. But most importantly, much of these dispute resolution skills are usually taken for granted by the conflicting parties because of the complications brought about by conflict. Parties are many times invested in the dispute for so long, that they are not able to let go of their combativeness, nor allow for their peripheral vision to unveil many other relevant factors, which could help resolve the matter. By themselves, they are understandably not able to simplify.
A dispute resolution professional understands and masters the skills necessary to build trust, to safeguard a transparent and earnest communication process with the parties, and to help them reach an autonomous resolution. Even when an agreement does not momentarily materialise, because of the mediation process, the parties may come to understand a bit more about their conflict so that they can continue to make attempts at resolving the dispute in a more effective and informed manner.
In the world of peacemaking, experienced dispute resolution professionals effectively employ all those skills with simplicity. They have the tenacity to perceive the need for the right process, at the right moment. They also perceive the obviousness of another simplicity: that time is the most valuable commodity we all have.
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. According to former Federal Prosecutor Glenn Kirschner it “[read] more like a fundraising email than a legal brief”. ...
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...
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...