by admin on June 29, 2008
The NE-ACR News summer 2008 issue presents some of the results of a request to readers to answer the question of what defines “success” in mediation and how a case might illustrate that definition. ADR (Alternative Dispute Resolution) practitioners responded and demonstrated how the idea of “success” may be broader than some might think.
In addition to finding success in the process itself, some parties find “success” with an outcome that isn’t a settlement or agreement. Sometimes one party learns new information that can significantly change a bargaining position and make settlement at that time impossible or undesirable. At times a window into the other party’s perspective is opened and a relationship can start to shift towards a more positive direction, without any formal agreement. The context of the conflict in which the parties find themselves frames their opportunity for success, not a narrow definition.
by admin on June 28, 2008
In the summer 2008 issue of the New England Chapter of the Association for Conflict Resolution newsletter, NE-ACR News, the first article presents a sampling of the responses received when the editors asked ADR (Alternative Dispute Resolution) practitioners to describe their definition of “success” in mediation and a case that illustrates that definition.
Mediators approached the idea from different directions, but a common theme seems to appear. Whether a mediation is successful involves more than whether a settlement or agreement is reached and how quickly that is achieved, if achieved at all.
In some cases, the opportunity to go through the process of mediation was the most important part of the experience. Some parties felt for the first time that their concerns were genuinely heard and respected. Regardless of the outcome, they felt the process itself was worthwhile and successful.
by admin on June 23, 2008
Saving face is an important part of minimizing and resolving conflicts voluntarily. In an arbitration or in litigation, the other party doesn’t have to agree to anything. But in a facilitated negotiation or mediation, both (or all) sides must agree. Creating a way for a party to save face may be crucial to secure that party’s agreement. No one likes to feel humiliated and sometimes a person will fiercely resist what looks like an embarrassing defeat, even if it would make sense to reach a voluntary resolution.
Allowing the other side to save face, by making some sort of concession, can be the difference between resolution and impasse. At times, the parties are unable to do a conciliatory dance on their own. A mediator can help by framing comments in a positive fashion, highlighting positives that may get lost in the shuffle, or in finding areas of agreement that are hard for the parties to see. Sometimes a party who appears to have the upper hand needs to be reminded to avoid a perception that he is stealing the other person’s dignity. The agreement can be lost completely if one side squeezes the other too hard.
On May 15, I was a panelist in the Connecticut Bar Association’s symposium, Why Women Walk. The program explored why women leave the legal profession at a high rate and what steps can be taken to stem the tide. Topics included networking, mentoring, planning your professional life, and what practices an employer in the legal profession can adopt to support women lawyers. The day was well-attended by lawyers from around the state. The event included the introduction of the Best Practices For Gender Equity program, including its Pledge of Commitment to such practices. It was an honor to be asked to participate as a panelist and to be inspired by the hard work of the CBA Women in Law Futures Task Force.
Both the program and the pledge are available on the CBA website.