Since the group seems to be in a contemplative and introspective mood, and since I do agree that often times a mediator finds the participants in an internal wrestling match, let's focus on how a mediator can be "of service" during this struggle. While the notion that being of service had many spirals and curves, there is no doubt that you will encounter participants caught in a spider's web of his/her own making. I call it being "locked up." It often occurs when the person goes into the rabbit…
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Added by Bob Tessier on September 14, 2009 at 9:06pm —
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Because many of you reading this newsletter are professionals in the ADR field, professionals who utilize ADR and/or people who have a personal interest in mediation, it becomes habitual to think of mediation as a process by which a trained professional sits down with two disputing parties, typically in the framework of litigation, a divorce, or some sort of legal-based conflict, and tries to move the two sides to resolution without recourse to the lengthy, expensive and, often, anguishing…
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Added by Alec Wisner on September 10, 2009 at 5:57pm —
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Since Charles has noted that there is no good way to teach the "be authentic" element of the three magic rules of being a successful mediator, it's time to tackle that subject. Authenticity needs no formal definition really. We all know it when we experience it. It is ironic that in a negotiation setting where everyone is either puffing, concealing, or stretching the truth, it is the mediator's path to be authentic at all times.
First, and counterintuitively, being authentic has in…
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Added by Bob Tessier on September 8, 2009 at 8:58pm —
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Because in the last marketing minute, I posted that the best marketing you can do is to have the skills to get your clients good results, perhaps it's time to spend a few marketing minutes exploring how a mediator goes about it. As there are exist many, many mediators, each with his or her own temperment, personality and style, let's start with a broad brush stroke that Charles Parselle and I used to discuss in the mediation course we taught together.
As with anything important,…
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Added by Bob Tessier on September 2, 2009 at 12:12pm —
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Let's talk philosophy and marketing. As a young lawyer (circa 1986) I remember the disdain that some seasoned attorneys had for lawyers who were advertising. There had always been a viewpoint amongst the bar that there was something unseemly about a professional advertising. I think that still exists to some extent in some circles.
How about mediators? Is there a belief that advertising is somehow not appropriate for mediators? Or maybe the relative lack of conventional advertising…
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Added by Bob Tessier on August 24, 2009 at 7:54am —
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The final point on my ideas on value added go to the work you do after the session is over. The successful mediators I know are committed to the notion that the parties are always interested in a reasonable deal, but that sometimes the case is just not ripe at the appointed mediation date. Therefore, you are helping the parties by following up and taking all reasonable steps to keep the dialogue alive. Be persistent but not a pest.
What is the optimum method to do this? Hopefully,…
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Added by Bob Tessier on August 18, 2009 at 10:00pm —
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Author: Steve Mehta
It is fascinating that when I experience a particular event at a mediation, every so often I happen to come across information on the web that is directly relevant to the event that happened that day. Today for example, I mediated a case where one party accused the other of acting in bad faith and coming to the mediation in bad faith.
It just so happens that on the same day, I saw this post at www.karlbayer.com where there was a reference to a proposed…
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Added by Kym Adams Director of CEDRS on August 17, 2009 at 11:35am —
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The Use of Evidence in Mediations - by Wendy W. Kramer, Esq., Mediator/Arbitrator
Attorneys and parties often arrive at a mediation hearing carrying the "Jenny Craig" version of their file; their discovery volumes and boxes having been left behind in their offices. They tote along an invisible box of evidentiary material which they will ask the mediator to convey with force to their opponent (and which they insist with passion and emotion) will destroy, demolish or otherwise impede the…
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Added by Kym Adams Director of CEDRS on August 17, 2009 at 9:30am —
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Very nice brochure and offices Tim. As always I wish you continued great success!
Bob
Added by Bob Tessier on August 12, 2009 at 5:32pm —
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Let's explore the concept of "value added" in more detail. It's that important. When you add value, you build trust in your clients and consequently build your business. In my opinion, the greatest value added benefit you give your clients does not even occur in the mediation itself.
Here is the greatest secret...FOLLOW UP. It's a remarkably simple notion, but look at the statistics: more than 97% of all civil cases settle before trial. So while you won't settle 97% of your cases in…
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Added by Bob Tessier on August 11, 2009 at 11:01pm —
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Let's dig deeper into the idea of "value added." It is the most important concept to building a business, because your client base will pay you well for your valuable services if the services look valuable to them. So from the customer's perspective, what adds value?
We have to give thanks to the "pioneers" of mediation who did the heavy lifting to convince lawyers, carriers and other consumers of mediation services that mediation makes sense. Rarely to we have to espouse the virtue…
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Added by Bob Tessier on August 5, 2009 at 3:32pm —
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Probably the most important way a professional mediator makes the leap from occasionally mediating to being busy full time is to develop a group of clients who consistently suggest you on a
short list of preferred mediators. Whether you call them "cheerleaders" "frequent flyers" or just plain "clients" it is vitally important to have you name be "out there" on a short list. The more people who have you on their short list the busier and busier you will get.
Because all sides…
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Added by Bob Tessier on July 29, 2009 at 6:51am —
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Why do some lawyers and insurance carriers go to the same mediator time and time again? As professional mediators, this question ought to be one you have pondered. After all, even though there are thousands of lawyers using mediation services in Southern California, and hundreds of mediators, some mediators develop an impressive book of business and cultivate mediation consumers who put you on their "short list" of preferred mediators.
What is "it" that gets you on that list for that…
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Added by Bob Tessier on July 21, 2009 at 6:37am —
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Now that we have explored our own inner game, let's focus on what matters most to the professional mediator: doing well by doing good.
For those in a financial position to do good without worry of being compensated for their services, I applaud you. For everyone else, I know you have (whether recently or years ago) agonized over what to do next in pursuit of a career that gives you personal satisfaction and a good living.
The first step is to realize that unless you are…
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Added by Bob Tessier on July 14, 2009 at 10:39am —
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Happy Monday Morning LA Mediators
After a fun Independence Day celebration, I think it apropos to talk about the Mediators "Inner Game." I believe that the Inner Game is what separates those in a given career who are successful on all levels from those who are not. In Southern California, a mediator must hone his or her Inner Game in order to compete.
So what is this "Inner Game?" It is a state of mind that is Outcome Focused. To find yours, relax and imagine how you want…
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Added by Bob Tessier on July 5, 2009 at 10:41pm —
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I just received Steve G. Mehta's new published book in the mail today "112 Ways to Succeed in Any Negotiation or Mediation"- Secrets from a Professional Mediator.
I am looking forward on soaking my eyes into the pages and feel the impact of having my negotiating skills turbo-charged. Like, I am not turbo-charged enough already. The difficult part is pulling myself away from my laptop and blackberry. "I can do it"
As I progress into the chapters, I will post my thoughts and…
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Added by Kym Adams Director of CEDRS on June 30, 2009 at 9:30am —
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Hello LA Mediators
As president, and a new blawgger, I thought that I would start each Monday with a marketing minute. This will be an ongoing start of a discussion relevant to the professional mediator. I hope and encourage everyone not only to take a minute on Monday to read, but also to chime in with your reaction, thoughts, and input on what works for you.
Today, to begin, I think some nuts and bolts is a good starting point. So, let's talk Database...yes, I can feel…
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Added by Bob Tessier on June 29, 2009 at 12:12pm —
4 Comments
Attorneys and parties often arrive at a mediation hearing carrying the "Jenny Craig" version of their file; their discovery volumes and boxes having been left behind in their offices. They tote along an invisible box of evidentiary material which they will ask the mediator to convey with force to their opponent (and which they insist with passion and emotion) will destroy, demolish or otherwise impede the other side's case. Some probing into the existence and merits of this evidence is well…
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Added by Wendy Kramer on June 29, 2009 at 11:20am —
3 Comments
Notes from the Front Line
“Waiting for No” and Other Ineffective Bargaining Strategies
by: Glenn M. Gottlieb, Esq., Attorney-Mediator
One of the most valuable roles an effective mediator can play is that of “educator.” Parties caught up in a dispute – hardened in their adversarial positions – naturally tend to retreat to “safe” ideas and “tried and true” strategies. Unfortunately, to paraphrase Will Rogers, “It isn’t what we
don’t know that gives us trouble;…
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Added by Glenn M. Gottlieb on June 29, 2009 at 11:14am —
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M a r k K. A m e l i
Attorney at Law
Mediator / Arbitrator
A Primer on Cross Cultural Dispute Resolution
Why is it so difficult for a litigator to bring matters to a resolution? Even very successful litigators
may not be able to resolve their cases amicably while a mediator can do so in a short time. As a
litigator for many years and after discussions with other litigators regarding alternative dispute
resolution I have been able to discover certain…
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Added by Kym Adams Director of CEDRS on June 27, 2009 at 12:10am —
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Mediation Marketing Minute Vol. 12
Mediation Happens When You Least Expect It
Steve Mehta's Blog " Bad Faith MediationTactics or Not" located on Mediation Matters Aug 17 2009
Mediation Matters-The Importance of Evidence in Mediations; Wendy W. Kramer, Esq., Mediator/Arbitrator
"Waiting for No" and Other Ineffective Bargaining Strategies
American Institute of Mediation posted an event
