Wednesday, May 31

Locols Only

There's a sign saying 'locols only, rest of you's stay out' [sic] scrawled on a water tank as you go down the dirt track to the beach of my childhood, at the end of my folks' farm here on the desolate west coast of New Zealand.

It came to mind yesterday as my piercing interventions got lost in translation in a mediation involving some folks from not around these parts.

Having watched a couple of US/Canadian mediators at work, I realise now they reflected a healthy and sophisticated understanding of local ways.

Perhaps we all do, without knowing just how parochial we are.

They were plugged into the way things are done around their patch... but geeez, some of what they did and said would never, ever, ever fly in my world but soared in theirs.

Does that mean its difficult to make our own distinct style work outside our own home town?

It sure felt like it yesterday because these folks from overseas surely just didn't get me.

They thought my questions were too intrusive and exposed them in public and frankly, 'they were too open'

....too open! what the?!# (Geoff, you gotta be thick skinned if you're gonna have a feedback page !)

Yeah, but they were robust questions, all from within my wonderful question matrix like:

>What price have you paid for that behavior? What did you intend?
>Can you give it up?
>How will you treat them in the future?
>What might your prediction be...?
>How are you going to prove that specifically? OK, lets try that... if you were in the witness box and being cross-examined by Jane here, what are you going to say (in 30 seconds or less)?

...and other questions similar to the ones here.

Saturday, May 27

Real Smart Podcasting

The Otter Group has been podcasting it's Negotiating Tip of the Week with Josh Weiss, Associate Director of Harvard's Global Negotiation Project since this time last year...check it out, if you haven't already.

40 podcasts and over 100,000 downloads later, these guys are taking the next step.


Recent podcasts include:
Negotiating as the Weaker Party
The Listening Negotiator
Interview with NYPD Negotiator
Problem Solving Answer
First Offer
Fear

If requested Otter will develop customized learning for a specific organization around the podcasts - like a Q&A with Josh Weiss on the issues he is talking about...how neat is that!

There's also an email facility on the page that I use to send the podcast link to a couple of law firms that use me a bit. I'm talking to them about including it at as part of their lunchtime Dispute Resolution/Litigation CLE program in a 'let's go to Harvard for lunch' slot.


Right now it seems like an ADR 'watch this space' moment as far as podcasts are concerned- there's plenty more to come in the fledgling ADR podcast scene, and it will pay to be an early adopter of all that is on offer.

Want to skip the whole blogging thing because it's so last year and move straight to podcasting?...the folk at Otter have some tips on best podcasting practice for you.

Wednesday, May 24

Life's A Race - and now by the look of it, so too is blogging

NIACR'S first annual mediation blog roundup ranked our small fellowship of blogiators* who put themselves out there day after day in the mediation blogosphere.

blah...blah...was said to be:

'Irreverent in tone, this blog ran a close second for Editor's Choice Award. Mediator Blah...Blah... never fails to deliver relevant content with a breadth of information that is very impressive, making this one of the best mediation blogs out there. Packed with useful information, this blog presents its information in a nice, clean, readable design. It's often downright funny, making it great for reading at the end of a tough day'

Note only 'irreverent in tone' - the rest please leave...ahhhh, my work here is done.

More deserving are my compadre's at:

Online Guide to Mediation ...in at #1!
Mediator Tech
Mediation Mindset
Florida Mediator
Mediation Mensch
Mediation Marketing Tips
Perspectives from a Mediator/Arbitrator
Negotiating Tip of the Week
How to Negotiate
FamilyCraft: The Private Practice of Family & Divorce Mediation
ODR News Blog


*Blogiator n. 1. A trained mediator engaged in online commentary and analysis for purposes of discussion, education or the mutually satisfactory resolution of a controversy or dispute. 2. A neutral noncombatant engaged in peaceful online idea-exchange. 3. v. blogiate, blogiating - Andrea Weckerle

P.S. Thanks to the folks at NIACR - nice to be recognised. And to my Mum's bridge four who clicked in and out of the blog to get my stats up in the early days. G

Tuesday, May 23

I Want It Freakin' All - and I Want It Freakin' Now

There was too much time to reflect on the day as I circled Wellington airport in the winter mist tonight.

I avoided my annoying internal voice whining that if I still thought that 'I'd give my life for this job' I was about to get my wish.
...the landing gear went up and down too many times and, on one occasion, too late...


Instead, I was more comfortable playing back the day in my head, especially the party openings.

They weren't as bad as the opening from hell, but one of them came close.

They obviously hadn't heard my stock law firm speech 'Don't mention the war' or 'Let's cut to the chase...and other first hour no-no's.

In the first 5 minutes we were treated to highlights like:

>to settle we must have...
>we have no room to...
>you have to accept that...
>our bottom line is...
>we won't go away for less than...
>what you people need to understand...
>your problem is...
>let me finish!
>the case involves...
>that's not our problem...
>(thinks) how can I piss them off most in my first chance to speak directly to them...

Monday, May 22

Flying Solo?...then don't travel coach

Us go-it-alone mediators need to stick together.

Yeah, especially us refugees from big (law) firms who have not quite come to grips with the day we handed in our security card and made that lonely journey to the basement carpark carrying a brown box filled with paper clips and a photo of the kids.

Oh, and then there's the office that no longer looks out over the bay...but hey, those bricks outside my window take on a beautiful hue around sunset...if only I could do something about that damn extractor fan from the Star of India...

But hey, there's plenty of help out there.

Like, would someone tell me what the heck is start-up stamina...flat world thinking...sustainable routine...extreme outsourcing....leveraging technology...elevator test...extendibility...failing forward...

Well, get with the program with wonderfully rich and generous resources that leverage the hell out of technology and anything else you need to run a nimble ADR practice, to be found at:

1. Tammy Lenski's MediatorTech and her free Essential Tech Tools for Mediators

2. Diane Levin's Online Guide to Mediation who has just been voted National Institute for Advanced Conflict Resolution's #1 ADR Blogger ...which is described as 'smart, insightful, and highly readable'

3. Adriana Linares' I [heart] Tech...ever heard of cleartype...gotta get it

4. Bruce Judson's must read book for all acorns with aspirations of oak trees, Go It Alone...and its in full text on the web with a streaming audio!

Sunday, May 21

Social Psychology and Mediation; Theory to Practice

A lot of interest in my last post including a friendly note from Rick Weiler, a prominent commercial mediator from Ottawa on The Psychology of Mediation and Negotiation Workshop we are hosting in NZ next month:

Geoff,

I've been enjoying your blog from afar (although no place is really afar these days....grin).

This post interests me.

I won't be able to join you for the Lord of the Rings tour etc but I wonder if it's possible to get an ecopy of the paper “Theory to Practice - Mediators Can Practise What Psychologists Teach”.


When we look outside our profession, decades of research in social psychology have assigned names and explanations to intuitive observations of human behaviour often seen in our mediations so I'm hoping this workshop will suggest ways to use insights into psychological processes at the table.

Take a look at this article by Julie Turchin and James McGuire 'Social Psychology and Mediation ; Theory to Practice'

Friday, May 19

Wanna know “why” people behave the way they do?

.....with Dr Julie Turchin Ph.D. of UC, Santa Cruz.

Julie captured the imagination of the 2005 American Bar Association Dispute Resolution Conference in the LA with her paper “Theory to Practice - Mediators Can Practise What Psychologists Teach” and her research has broken new ground in mediator thinking.

....she has agreed to come visit us in New Zealand next month - download the program for details

Oh yeah, want to go on a tour of the Lord of the Rings locations, skiing, bungy jumping, swim with dolphins and whale watching at the same time - and maybe have the taxman share some cost...shhhh!...then we'd love to see you!

Monday, May 15

Mediators Free of the Baggage that Former Judges Carry

This is an interesting piece by Jeff Kichaven, a mediator out of Los Angeles (Daily Journal May 08, 2006).

Worth a read as it seems to be a debate gathering heat in the retired judge/mediator vs attorney/mediator world.

Take a look at the post that starts 'Those Pesky Little Ex-Judge Mediators' and ...enter the ex-judge wannabe mediator. The ex-judge thinks he has experience as a mediator....

And then there's the transformative folk having a go at everyone else... 'Folger claimed that prevalent mediation methods hurt the parties and endanger the entire mediation field. He explained that clients who experience the most commonly used mediation methods find the process extremely frustrating...'

...come on guys, a bit of walk the talk.

My view?...the market is all powerful and will decide who delivers value.

Sunday, May 14

Quer·u·lant /'kwer-(y)&-l&nt /abnormally given to suspicion and accusation

Shhhhhhh....they're out there.

They do venture out of their natural courtroom habitat into the mediation room - but only rarely and only when the fight is worth it.

Sometimes they can fade into the undergrowth of the debate for hours but eventually they'll break cover and reveal themselves.

The guidebooks identify them thus;

1. they have volumes of thumbed documents covered with post-it notes in a rainbow of colors

2. if you as mediator are not for them, you're against them - if you insist on being neutral, they'll put you in play

3. if they have a lawyer, they'll be the 5th one in as many months and be a wet bus ticket who follows the client, not leads the client.

4. oh yeah, and they don't want an outcome - they need the fight.

Querulous paranoia may have disappeared from the psychiatric literature, but it is flourishing in modern complaints organisations and the courts.

Monday, May 8

We Are A Profession, Aren't We?

Should we be worried that many of our important mediation texts, such as the wonderful Difficult Conversations, are to be found in the Self Improvement sections of our local book shops...?