What is Med-Arb?
Avoiding disputes is like avoiding a common cold. You may want to; you may try everything in your power to ward germs away; you may shy away from those who are infected. But all it […]
The Positive Side of Conflict
Not only is conflict unavoidable, it is desirable. “Good conflict” may sound like an oxymoron, but in fact, conflict can often bring about positive change.
Gary Friedman and Transformative Mediation
Mediation is so effective because it is collaborative. We have, however, turned it into an adversarial process: it’s us against them. In this game, there are never two winners, and that’s unfortunate. In mediation, there can be, and often are, two victorious parties.
Strategies for Dealing with a Nightmare Negotiator
Jim Camp is a financial negotiator who has helped people deal with the US IRS for over two decades. He says, “My first tip is that the worst person to negotiate for yourself is yourself. […]
Mediation – A Way Forward After the Investigation is Complete
If the parties return to work in the right frame of mind, the polarization of the workplace also dissipates quickly. People don’t need allies so much if they are not at war.
Keeping Emotion Out of the Mediation Process
When we talk about empathy and a “safe” environment, we do not want to convey the idea that a mediator is a warm, fuzzy friend and therapist. Your mediator has a job to do, and part of that job is making sure everyone feels understood and safe enough to work towards a resolution. Keeping emotions in check, and using them to help further the process, is essential.
4 Ways to Practice Your Negotiating Skills
A LinkedIn survey found that, when it comes to negotiations, we’re a mess. Twenty-five percent have never negotiated in the workplace; only 37 percent of men and 26 percent of women felt confident in their […]
4 Ways to Recognize Bad Conflict
Have you ever felt like you were talking to a brick wall? Or gotten into a screaming match? If you answered yes, then rest assured – you are indeed human! You have officially experienced “bad […]
What is your WATNA?
Winter’s coming, and you need someone to put a new liner in your chimney. You call that someone and get a quote for $2,500. You can say, “Sure, let’s do it,” or you can let […]
5 Phases of Mediation
There are five phases of mediation, but it is not unusual to cycle back and forth between the different stages throughout the process. It is not linear, but instead a very fluid process – unlike a court trial, which is more rigid. This flexibility is one of the reasons why mediation is so successful.