Maisano Mediation Newsletter  
 
April - May 2013
Greetings!

new photo

 

I just returned from the American Bar Association's ADR conference in Chicago where I was invigorated by hundreds of other mediators attending the three day event.  I attended sessions on neuroscience and the impact of conflict on our behavior and cognitive abilities, heard an update on recent court rulings on mediation and confidentiality, learned about cutting edge academic research on conflict resolution and gathered practical skills development ideas. 

    

One of the the workshops I attended focused on the importance of trust in conflict resolution. Initially this concept seems counter-intuitive since the parties in a dispute have very little trust in each other. The trust that is necessary in the context of mediation is for the parties to have trust in the mediation process itself. It is essential for the parties to a dispute to believe that the dispute resolution process is a fair one. In this month's Tip from the Trenches I discuss how to prepare your client for the mediation and instill a sense of trust in the process. In this issue, I'm also sharing a link to an article recently published in the April edition of the King Count Bar Association's Bar Bulletin. The article discusses the importance of trust and offers practical tips towards achieving fairness in mediation -- specifically procedural fairness, psychological fairness and substantive fairness. (The link is below.)    

 

I look forward to seeing you and working with you soon.

 

Sincerely,

 

 

Nancy Maisano

[email protected] 

 
Tip from the Trenches -- logo


Encourage your client to trust the mediation process. 

 

To help your clients trust the mediation process and have faith that it will lead to a fair outcome, lay the foundation by explaining the purpose of the mediation and describing the process fully as part of your preparation with every client. 

  • Explain the goal of reaching a final, binding resolution that fully resolves the dispute. 
  • Explain the role of each participant especially the mediator's role and the boundaries inherent in the role of the neutral. 
  • Describe the change in your role from being a warrior in the battle of litigation to being a problem-solver and mediation advocate. 
  • Explain mediation confidentiality and the unique opportunity the mediation offers to have a full discussion of the dispute. 
  • Explain your client's role. Encourage your client to engage in the process and communicate directly with the mediator. 
  • Explain the obligation to mediate in good faith and listen with an open mind to differing perspectives and options for resolution. 
  • In particular situations, request a pre-mediation conference with the mediator in person or via phone to help your client achieve the necessary level of comfort with the mediator and with the process.   

Advocates who are overly controlling or overly protective of their clients in mediation instill a sense of wariness and lack of trust in the process on the part of the clients. This approach endangers the client's opportunity to be heard.  Additionally, it negatively affects the client's self-determination in the mediation process. This overly-controlling approach also creates the risk of a client feeling dissatisfied with the outcome or process.  Having your clients trust the process helps encourage cooperation, information sharing and empathy -- necessary elements to achieve reciprocity from the other side and eventual resolution. Trusting the process and trusting the mediator help your clients leave the process with a sense that it was a fair process and a fair outcome.  

 

Upcoming CLE  

As a co-chair for the EEO subcommittee, I am excited to spread the word about the leading labor and employment law conference in the Northwest to be held in Seattle on April 25 and 26, 2013.  For registration and more information about the 46th Annual Pacific Coast Labor and Employment Law Conference click here.

Recent Articles  

 

In Making the Most of Mediation I write about the practical steps you an take as an advocate in mediation to achieve the three types of fairness for your client -- procedural fairness, psychological fairness and substantive fairness.   

 

California mediator Phyllis Pollack writes about common Negotiation Tactics in her recent blog post.  

 

In her law review article, Professor Jennifer Gerardia Brown explores teaching empathy and mindful listening skills to law students.  Deeply Contacting the Inner World of Another