by admin on March 31, 2010
A NPR radio interview today was discussing the current, as well as pre-quake, legal system in Haiti. It has its fair share of challenges, and then some. What caught my ear was a question about whether efforts to address the legal questions that arise in the camps of displaced people, in the rebuilding efforts, and other situations would involve only courts or some form of “alternative dispute resolution” through the use of village elders and other respected persons. The interviewee said that some assistance was available to train these people to help carry some of this load. No word on whether this ADR process would involve a mediated agreement among the parties, an arbitrated decision, or both.
by admin on March 30, 2010
Earlier this month, the Connecticut Bar Association’s Alternative Dispute Resolution (ADR) Section enjoyed a presentation by Charlie Pillsbury and Brenda Cavanaugh about their role in the mediation of a dispute over Tweed New Haven Regional Airport. Brenda remains Associate Director at Community Mediation, Inc., of New Haven, CT. Charlie was Executive Director of Community Mediation, Inc. at the time of the mediation and is now Executive Director of Mediators Beyond Borders.
In their mediation, they worked with the mayors of New Haven and East Haven, John DeStefano, Jr., and April Capone Almon, respectively. As a public policy dispute, the contours of the mediation process were different from those more commonly seen in a strictly private dispute.
But one observation made by Brenda and Charlie touched on a common theme: the “aha” moments of mediation. Frequently, the participants in a mediation, who have until now been parties to a dispute and little more than that, will start to see things from a new perspective. When they start to look at the situation from another point of view — sometimes the one completely contrary to their own — they start to understand how the other party is thinking. Not necessarily agreeing — but at least starting to understand. And that can be an “aha” moment.
by admin on March 19, 2010
My tip on how to deal with a bad, falling apart business relationship was published yesterday in the Toilet Paper Entrepreneur blog piece on “81 Strategies to Fix a Bad, Falling Apart Business Partnership.” My tip,” Talk, Talk, and Talk Some More”, is focused on communication’s role in business conflict management. This is the third time that I have submitted a tip to the TPE and the third time that one has been chosen and published. Three for three!
There are several interesting tips listed, showcasing different perspectives. Here’s mine:
When a business partnership is falling apart, you must talk, talk, and talk some more! It may be tempting to shut down communications with your partner. Don’t. Why? First, you may find that you can save the business with some effort. Second, if the partnership must end, communications about how to do it can save you time, money, and stress – and preserve business goodwill for what remains of your business or whatever venture comes next. Too difficult to talk? Get help – find a business mediator.
by admin on March 13, 2010
We’ve all heard about March coming in like a lion and going out like a lamb.
Some think — mistakenly — that mediation is the same. They avoid mediation because they fear they are expected to come into it like a lion, in strength, and finish the process like a lamb, in weakness.
In fact, the goal of mediation is to create a resolution to conflict that allows all involved to act in their own best interests. And that can mean everyone emerges feeling like a lion.
by admin on March 8, 2010
Last week, I had the pleasure of speaking to the Woodbridge, Connecticut Rotary Club about mediation and conflict management. We discussed tips for preventing conflict, reducing conflict, and resolving conflict.
One particular point stood out. I often talk about the great dangers that accompany the great benefits of email. We’ve all heard about the huge percentage of communication that is not contained in the words we use, but that is conveyed by our tone of voice, the pacing of our speech, facial expression, body language, and more. All of these factors, of course, are different in our email communications. Different because we get none of these in the message that is sent to us electronically. In the best of circumstances, we may be puzzled. In the worst of circumstances, when conflict has already started to do damage, we might assume the worst and assign very negative — and possibly inaccurate — meanings where they don’t belong.
So, remember to be careful in your writing and your reading of email messages.