Recently, local author and communication coach Connie Dieken wrote that when giving a presentation, a speaker should do three things: "Pinpoint the problem, offer a solution and challenge the audience to take action." It occurred to me that these three elements are also involved in helping clients focus during mediation sessions.
1. The problem is identified. Each party states what he/she wants or expects, eg., I want a divorce, the house, full custody of the kids. Or, I want my mother to go to a nursing home, even though my sister thinks she can take care of mom at home. The mediator makes sure that all parties are clear on what each wants initially.
2. Solutions are considered. Parties brainstorm on any number of options as the mediator continues to guide the conversation.
3. Time to take action. Following brainstorming, the ideas on the table are sorted out. Some are eliminated, others are considered as "possible." The mediator facilitates continued discussion until the parties choose the best possible outcome that everyone can live with, and an agreement is reached to act on.
At times mediation sessions take only a few hours; others may continue through the day or longer until agreement is reached. In either case, the process of mediation is a solid experience in keeping focused and walking out with a "win-win" feeling.
Showing posts with label win-win. Show all posts
Showing posts with label win-win. Show all posts
Wednesday, February 16, 2011
Wednesday, February 2, 2011
Fairly Legal Review
Following is a review written by Dr. John Bertschler (my hubby):
Mediation finally reached the small screen in the form of “Fairly Legal,” which premiered January 20 (10:00 PM, USA). In case you haven’t seen it, permit me to offer one mediator’s observations and comments. In no particular order, here are some of the things Hollywood wants us to know about the practice of mediation.
1. Mediators, their associates and clients are all smokin’ hot (OK, time to find another career already).
2. We believe that truth and justice are more important than the law (this is a subversive idea that I endorse, with reservations).
3. We can be imaginative and creative in getting disputants to see things in a different light (hey, I like that one).
4. We should break the law, if need be, to see that justice is served (uh, no).
5. Being peacemakers, we are sure to drop whatever we’re doing to barge into the middle of other people’s conflicts, even if that means violent street crime (again, I don’t think so).
6. We philosophically disagree with win-lose “solutions” and encourage people to work toward win-win agreements (this one is true).
7. We’re happy to tell disputants what a fair solution would be. In fact, we’re so sure of it, we can write up the Memorandum of Understanding in advance, then manipulate the disputants to endorse what we’ve already written up, and have them sign it without reading it (let me get back to you on this one).
8. If we fail to get disputants to a full agreement, we can be cited for contempt of court (I’m pretty sure that’s not quite right).
Of course Hollywood’s version is not completely realistic and in some cases is just wrong. Nonetheless the show is entertaining and watchable, and we can be grateful that the profession is getting some notoriety and some time in the public eye.
We can only hope that when a potential client calls a mediator, he/she will get the straight goods about how mediation works in real life.
Mediation finally reached the small screen in the form of “Fairly Legal,” which premiered January 20 (10:00 PM, USA). In case you haven’t seen it, permit me to offer one mediator’s observations and comments. In no particular order, here are some of the things Hollywood wants us to know about the practice of mediation.
1. Mediators, their associates and clients are all smokin’ hot (OK, time to find another career already).
2. We believe that truth and justice are more important than the law (this is a subversive idea that I endorse, with reservations).
3. We can be imaginative and creative in getting disputants to see things in a different light (hey, I like that one).
4. We should break the law, if need be, to see that justice is served (uh, no).
5. Being peacemakers, we are sure to drop whatever we’re doing to barge into the middle of other people’s conflicts, even if that means violent street crime (again, I don’t think so).
6. We philosophically disagree with win-lose “solutions” and encourage people to work toward win-win agreements (this one is true).
7. We’re happy to tell disputants what a fair solution would be. In fact, we’re so sure of it, we can write up the Memorandum of Understanding in advance, then manipulate the disputants to endorse what we’ve already written up, and have them sign it without reading it (let me get back to you on this one).
8. If we fail to get disputants to a full agreement, we can be cited for contempt of court (I’m pretty sure that’s not quite right).
Of course Hollywood’s version is not completely realistic and in some cases is just wrong. Nonetheless the show is entertaining and watchable, and we can be grateful that the profession is getting some notoriety and some time in the public eye.
We can only hope that when a potential client calls a mediator, he/she will get the straight goods about how mediation works in real life.
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