Introduction
As business leaders, diplomats, professionals or family men and women, we often find ourselves in the middle of disputes and called upon to mediate a resolution. Having a road-map to navigate these delicate situations will add enormous value to your compendium of competencies!
In dispute resolution there is always the excitement of realizing the non-obvious, and the adventure of discovering the unknown!
Parties entering into mediation will typically assert their dispute in terms of their initial presenting positions and perceptions. It may take the form of: “They brazenly breached the contract” or “As a trustee, she exploited her fiduciary responsibilities and stole from the family trust” or “He deliberately misled me with wrong information to get me to sign the contract”
In these particular examples, three characteristics stand out. Firstly, there is the attribution of negative intent as in: “brazenly”; “exploited”; and “deliberately”. Secondly there is the declaration of judgement as in: “breached”; “stole” and “misled”. Thirdly, they have portrayed their counterparts as despicable villains. These are typical in initial presenting positions and perceptions in any mediation.
The excitement of realizing the non-obvious and the adventure of discovering the unknown lies in the mediator’s capacity to dig below the initial presenting positions, and to uncover the true and authentic issues that are really at the core of the dispute.
In this column I will share some tools and techniques towards that end.
Don't Fall into the Assertion Trap
When presented with assertions, it is easy to be persuaded and influenced by them. The danger is that these beliefs then shape our approach to the mediation and our potentially negative reaction to one or more parties to the dispute. We lose our objectivity and neutrality, and in turn lose trust of the parties in us as the mediator, as well as in the process.
Read more —>
As business leaders, diplomats, professionals or family men and women, we often find ourselves in the middle of disputes and called upon to mediate a resolution. Having a road-map to navigate these delicate situations will add enormous value to your compendium of competencies!
In dispute resolution there is always the excitement of realizing the non-obvious, and the adventure of discovering the unknown!
Parties entering into mediation will typically assert their dispute in terms of their initial presenting positions and perceptions. It may take the form of: “They brazenly breached the contract” or “As a trustee, she exploited her fiduciary responsibilities and stole from the family trust” or “He deliberately misled me with wrong information to get me to sign the contract”
In these particular examples, three characteristics stand out. Firstly, there is the attribution of negative intent as in: “brazenly”; “exploited”; and “deliberately”. Secondly there is the declaration of judgement as in: “breached”; “stole” and “misled”. Thirdly, they have portrayed their counterparts as despicable villains. These are typical in initial presenting positions and perceptions in any mediation.
The excitement of realizing the non-obvious and the adventure of discovering the unknown lies in the mediator’s capacity to dig below the initial presenting positions, and to uncover the true and authentic issues that are really at the core of the dispute.
In this column I will share some tools and techniques towards that end.
Don't Fall into the Assertion Trap
When presented with assertions, it is easy to be persuaded and influenced by them. The danger is that these beliefs then shape our approach to the mediation and our potentially negative reaction to one or more parties to the dispute. We lose our objectivity and neutrality, and in turn lose trust of the parties in us as the mediator, as well as in the process.
Read more —>
