Overcoming obstacles during a Mediation

Overcoming Obstacles During a Mediation

How can a mediator’s past experience help them when parties hit a wall during Mediation? Maybe it’s time to get some Perspective.

I wanted to share a Mediation Insight I hope may be useful that deals with the ways in which a mediator’s past personal and professional life experiences can serve to make us better mediators.

As an artist and a professional science fiction cartoonist, I have found that you sometimes get stuck when you are creating and may not know where to take your pencil or brush next.

Artists are trained to either:

A. Step back in order to gain perspective and/or see the piece from a different perspective.
B. Take a break and come back to the piece later.

By the same token, I have found this concept helpful as a mediator when the parties hit a roadblock on some issue during mediation. So when this happens in mediation, consider:

      1. Try moving onto another related issue as you try to get the parties moving forward again. Then as appropriate,              swing them back to the issue they were stuck on previously.

  1. Try taking a break. Sometimes fresh air or getting something to eat and/or drink can also help to get parties moving again.

    And remember that being a well-rounded person with other interests and experiences makes us better mediators.

We have all had experiences that have shaped us into the people that we are today. For an attorney/mediator for instance, your Litigation experience, will probably use your negotiation experiences as a template to guide parties through mediation. Sometimes, even with a great Alternative Dispute Resolution strategy in place, you still hit a wall in which both parties seem to be stuck.

If you would like additional training in building a more profitable mediation practice while earning CLE/CME credits, check out our Mediation Mastery seminars.  

Tye Bourdony

Tye Bourdony



blog about Florida law

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