Monthly Archives: February 2006

MEDIATION QUOTE OF THE WEEK February 20, 2006

The best way to destroy an enemy is to make him a friend.

~ Abraham Lincoln

A SHAKESPEAREAN THANKS TO THOSE WHO SUPPORTED BLAWG REVIEW #43

Thank you for supporting Online Guide to Mediation's staging of Blawg Review!I recently had the great honor of hosting Blawg Review (the Shakespearean edition). After burning the midnight oil on Super Bowl Sunday to raise the curtain on the 43rd edition of Blawg Review, the experience gave me renewed appreciation for the efforts of each week’s Blawg Review host, as well as all the behind-the-scenes hard work of Blawg Review’s intrepid editorial team, for whom Blawg Review must truly be a labor of love.

No production, whether theatrical or virtual, can be staged without the support of both audience and patrons. Bard and blogger alike depend upon it.

So, to all those in the blogosphere who lent their support to Blawg Review #43, I say:

I can no other answer make, but thanks,
And thanks, and ever thanks…”

Twelfth Night III.3
…especially to those who kindly linked back:

Kevin Heller, Tech Law Advisor
Howard Bashman, How Appealing
Colin Samuels, Infamy or Praise
Bob Coffield, Health Care Law Blog
Kevin Thompson, Cyber Law Central
Inside Opinions: Legal Blogs
Dan Hull, What About Clients
Denise Howell, Bag and Baggage
Carolyn Elefant, MyShingle.com
David Giacalone, f/k/a
Michael Stevens, Kentucky Law Blog
Kenneth Gregg, Classical Liberalism
Robert Ambrogi, Law Sites
Evan Schaeffer’s Legal Underground

DECISIONS, DECISIONS: Study shows unconscious mind handles tough decisions better

Study shows unconscious mind better at making difficult decisionsOne of the functions that mediators serve is to assist people in making decisions. Our obligation is to ensure that people reach decisions that are fully informed and that as part of that process they have full opportunity to gather the data, the guidance, and the criteria necessary to make those decisions.

Making decisions of course is never easy, and some decisions are harder to make than others, no matter how much information there may be to guide us. Sometimes, in fact, you just need to sleep on it.

As it turns out, “just sleep on it” may be good advice, according to a study conducted by researchers from the University of Amsterdam Department of Psychology and reported today in Science, as well as by the BBC and the Boston Globe.

This study suggests that while a rational approach may work well with simple decisions–gathering all the facts and data and carefully weighing the pros and cons–more complex decisions are best left to the unconscious mind.

Since these research results remain controversial, you may want to play it safe when it comes to making your own decisions. To aid the indecisive, MindTools offers a variety of useful decision-making techniques.

For a less scientific approach, you can try using this Universal Decision Maker. Or, better yet, you can simply flip a coin.

ARCHITECT OR ARSONIST: Using e-mail to build not burn bridges

Use e-mail to build not burn connectionsAs a mediator helping people repair the damage that conflict has done, I have seen the havoc a single e-mail message can wreak. And as a corporate trainer, I have heard supervisors and employees alike complain about the lack of civility in e-mail messages from co-workers.

Paradoxically, e-mail’s advantages are also its shortcomings. The advantages? E-mail instantaneously delivers information and content. The downside? E-mail instantaneously delivers information and content. It is all too easy to blast off the blistering e-mail response that you typed in a ten-fingered fury. And once you hit “send”, there’s nothing you can do to take it all back.

The latest cautionary tale regarding the destruction that e-mail can unleash comes, alas, from the legal world. Lawyers and now this morning’s Boston Globe are buzzing over an e-mail exchange between two Massachusetts attorneys, one an experienced and respected practitioner, the other a newly admitted lawyer who turned down a job offer in a rather ill-advised way.

Despite its tremendous convenience and speed, e-mail is unfortunately no substitute for face-to-face communication, nor is it always an effective medium for dialogue. So, before you hit that “send” button, please consider the following advice from a mediator on how to make the most of e-mail:

It’s the Little Things That Count

One of the most frequent complaints I hear about e-mail is how downright unfriendly they sound. That’s because many people want to keep their e-mail messages short and to the point. That’s fine, but to avoid sounding abrupt, you may want to include the following touches:

  • Start with a greeting–and remember to use the recipient’s name.
  • A little small talk doesn’t hurt. You need only a handful of words to ask how they’re doing or to say you hope they’re well.
  • Provide your contact information and encourage them to call you if there are questions. Remind them that there’s a real human being on the other end.
  • End by signing off–whether it’s “Thank you” or “Take care” or “Very truly yours”, along with your name.

Speaking of “thank you”, words like “please” and “thanks” aren’t just good manners. They can also soften a request (even if that request is actually a direct order) and convey respect and courtesy–which still carry a great deal of weight even in these modern, multi-tasking times. Make your mother proud.

Is E-Mail the Best Way to Handle This?

If you’re about to fire off an angry e-mail, take a moment and think. Is e-mail really the best way to resolve this?

People who are conflict-averse like e-mail a lot because it seems like an ideal way to avoid a face-to-face confrontation. The problem is that e-mail usually makes things worse. Unlike a face-to-face conversation where we can gauge tone of voice, inflection, facial expression, and other cues to divine the real intent behind someone’s words, with e-mail we’re flying blind. It’s easy to make assumptions about what someone meant, and it’s also easy to mistake the impact of our own words.

If the e-mail has raised important issues, your chances of addressing them effectively and meaningfully will be increased if you take courage in both hands and speak directly with the other person. You’ll avoid and prevent misunderstandings if you do.

Get a Second Opinion

If you’re not sure about the tone of an e-mail message, get a second opinion. Have a trusted colleague or friend read it for you and give you their feedback before you send it. Be careful, however: make sure that this colleague or friend will respect your confidentiality. You don’t want your e-mail to be seen by the wrong eyes.

Keep The Focus on the Problem, Not the Person

This is a favorite expression of mediators everywhere, but this is no meaningless platitude. It actually works. Whatever you do, don’t make it personal. Stay away from adjectives that insult the other person’s character, work ethic, or personal habits. Focus on the problem. Explain its impact on you. Ask for a solution. And definitely avoid all caps–YOU DON’T WANT TO LOOK AS IF YOU’RE SHOUTING, DO YOU?

Think About the Long Term

Right now you’re angry. And undoubtedly it would feel good to e-mail exactly what’s in your heart. For maybe about 30 seconds.

But our actions hold consequences not just for today, but for tomorrow as well. I was struck by something the older and more experienced lawyer said in one of his e-mail messages to the young attorney: “You need to realize that this is a very small legal community…”

That wasn’t a threat–it was the truth. It was a reminder to her of how small the world is. Everything we do builds a bridge between us and someone else, or burns one down. You can be either an architect or an arsonist, it’s your choice.

In the end, relationships really do matter. And how we conduct ourselves in life has impact, when we are all in fact so closely linked. Before you send that e-mail, think about what it may mean for you years down the road. Will sending it mean the end of a business relationship? A friendship sabotaged? Is it really worth it? What’s the big picture? And what can you do instead that will make a positive difference for your future?

The You of Tomorrow will thank you.

And, for further reading, I recommend “How to Be a Mensch“, by Guy Kawasaki. (See also his terrific post on “The Effective Emailer“–with thanks to Jim Calloway for the link.)

LEVELING THE PLAYING FIELD: Neutralizing gender differences in negotiation

Overcoming gender differences in negotiationI’ve written before, both here and here, on the significance of gender differences in negotiation. It’s a subject of great interest to students and scholars of negotiation and negotiating behaviors.

This week’s edition of the Harvard Business School Working Knowledge newsletter includes “When Gender Changes the Negotiation“, an article by Dina W. Pradel, Hannah Riley Bowles, and Kathleen L. McGinn, which discusses strategies for counteracting gender differences in negotiation.

Among the suggestions? Doing your homework in advance to arrive fully prepared for negotiation levels the playing field–sound advice for anyone, regardless of gender, who wants to make the most of any negotiation.

Also recommended reading: Tammy Lenski’s “Top 5 Negotiation Traps for Women“.

By the way, the Working Knowledge newsletter is available for free. Click here for more information and to sign up to receive it.

JUST WHAT THE DOCTOR ORDERED: Blawg Review 44 hosted this week at the Health Care Law Blog

Blawg Review 44 hosted at the Health Care Law BlogBob Coffield, a health care lawyer from Charleston, West Virginia, hosts this week’s Blawg Review, the weekly review of the best in law blogging hosted each week at a different law blog. (In this edition, Bob also takes a moment to help West Virginia rebound from recent negative publicity resulting from the recent coal mine disasters by promoting its abundant scenic charms, culture, and history.)

Mediators and other conflict resolution professionals whose work focuses upon the health care field will want to check out not only this edition of Blawg Review, but also take time to explore Bob’s other posts–as well as his extensive blogroll (in the right sidebar) which includes a healthy sampling of law blogs of all varieties. (Very nice job, Bob!)

MEDIATION QUOTE OF THE WEEK February 13, 2006


Most of the successful people I’ve known are the ones who do more listening than talking.

~ Bernard M. Baruch

LISTEN UP: Listening well matters in career and business (and everywhere else in life)

Listening makes a big difference in business and social interactionsThe Boston Sunday Globe BostonWorks section regularly features The Corporate Curmudgeon, a column by Dale Dauten. Today’s curmudgeonly column asked, “Is anyone really listening in the office?

It’s certainly a fair question.

And it’s actually a question I found myself asking last week as I suffered through one of the worst customer service experiences it’s ever been my misfortune to endure.

I got a phone call from a sales rep at a very well known telephone directory company. This past year, against my better judgment, I had decided to experiment with some phonebook and online directory advertising through this same very well known company. My online listing has never functioned properly, despite repeated calls to tech support. I basically derived about the same benefit from my advertising dollars as I would have had I simply flushed the cash straight down the loo. So in all fairness I have to say that I was not exactly in a receptive frame of mind to increase my advertising spending when the sales rep called.

The sales rep, however, did nothing to aid his cause. His main problem? He didn’t listen to me. Not to a single word I said. It was pretty obvious that he didn’t care what my needs were, since he never bothered to ask. Instead, he argued with me. And he interrupted me. The guy would not let me get a word in edgewise. And, worst of all, not only did he talk right through me, he talked down to me, too.

Thanks to his utter inability to listen, this sales rep succeeded in sabotaging whatever good will may have still existed between me and his employer.

Ironically, what he also succeeded in doing was to show me firsthand how important listening is–and how acutely its absence is felt when it doesn’t happen.

Certainly I understand that as a professional–it’s after all a large part of what mediators do. And I think that generally most people understand, in an academic kind of way, just how important listening is to business and social interactions.

But listening is more than just a theoretical exercise–it has real-world impact.

To see what I mean, read this post and this one by Patrick Lamb of In Search of Perfect Client Service, as well as this one by Bud Bilanich.

By the way, do you want to become a better listener? Take a mediation training. It’s a great way to learn and apply listening skills. And if you don’t have time to take a mediation training? Then try this:

  1. Remove distractions. Listening and multi-tasking don’t mix.
  2. Ask questions to find out what people are thinking. As Roger Fisher once said, “Statements get opposition. Questions get answers.”
  3. Listen carefully to the answers. Really listen. Most of the time, instead of listening, we’re planning a snappy comeback or thinking of our next question. Let go of that–just open up your ears and listen.
  4. Summarize in your own words what you’ve just heard.
  5. Lather, rinse, and repeat.

Now go ahead and practice those listening skills on an unsuspecting colleague, friend, or family member. You’ll be amazed at how much you’ll hear.

FAMILY TIES: Web site links to resources for divorce mediators and for couples and families coping with divorce and separation

Web site a great resource for divorcing familiesAs a mediator, my practice is fairly diverse, although over time my work has come to focus on two primary areas: organizations and businesses on the one hand, and couples and families on the other.

While in some ways there are overlap and similarity between these two groups–businesses and families alike seek ways to deal practically and constructively with conflict–they each have very different needs.

Therefore, I’m in the early stages of developing a separate web site that will focus solely on the needs of prospective and current divorce and family mediation clients.

One of my goals is to offer links to user-friendly, quality online resources for families and parents. In my search for web sites that fit the bill, a colleague introduced me to a particularly good one that I would recommend to those who work with families and couples dealing with divorce or separation, as well as to anyone who may themselves be in the process of getting divorced.

The Association of Family and Conciliation Courts (AFCC) has created an online resource center with one section for professionals working with divorcing families and another for parents coping with separation or divorce.

In the section for parents, follow the link to the British of Columbia’s Ministry of Attorney General’s Families Change web site, which features a Kids’ Guide to Separation and Divorce for children aged 5 to 12, along with a version for teens.

You’ll also find on the AFCC web site an excellent “Basic Parenting Plan Guide for Parents” created by the Oregon Judicial Department (in PDF), which provides some helpful “Questions to Ask Yourself” to guide parents in creating workable parenting plans.

STRONGEST LINKS: Law blogs offer useful technology and business tips for mediators and conflict resolution professionals

Always strong links at this ADR blogMy friend Geoff Sharp astutely put his finger on The First Paradox of Blogging when he wrote to tell me, “Don’t you just love the blog truth that to pull them in, you have to send them away…”

I was struck by that all over again when I hosted Blawg Review at the beginning of this week. One of the best things about playing host was the opportunity to sample from some of the many excellent law blogs that are out there on the web. It also acquainted me with blogs I might not have discovered otherwise. What made those blogs so worthwhile for me were the great links they sent me off to explore. And it’s those great links that will keep me coming back.

Many of us who run our own businesses are always on the lookout for ways to use technology to run our businesses better, to improve the services we offer, or just plain make life easier. And information, resources, and ideas are often just a click away.

To head you in that direction, there are some blogs and blog posts that I’d like to point out. Although these blogs are targeted primarily towards the legal community, the content they offer applies equally to alternative dispute resolution professionals.

First stop along the way is a blog that succeeds in making technology accessible even for the technologically challenged–I [Heart] Tech (which got a brief mention in Blawg Review #43). What I like about this site is not only the links to time-saving tips on popular programs like PowerPoint and Word, but also the efforts of author Adriana Linares to find free stuff for her readers–like this post on “Syncing Files on Multiple PC’s” a great article for anyone who’s juggling multiple desktops and laptops, or this one on ensuring that your email address reflects the professional that you are.

Mediators looking for ideas to market their practice should pay a visit to lawfirmblogging.com, devoted to helping attorneys market successfully on the web, but which offers ideas which are portable from one profession to another. If you’re in the process of retooling your web site, you should definitely read 5 Goals for Law Firm Web Site Home Page Design, which is sound advice for conflict resolution professionals as well.

Always worth visiting for leads on new web sites and useful technology tips is Robert Ambrogi’s Lawsites; to see what I mean, check out Bob’s post on “Lawyers: Beware Google’s desktop search“, although his caveat applies to mediators, too.

Many law bloggers are already familiar with Jim Calloway’s Law Practice Tips Blog, but mediators should get acquainted with Jim as well. Jim offers ideas on how to play it smart and safe when it comes to technology and the Internet. Mediators, for whom confidentiality is our stock in trade, will want to read Jim’s post, “The Mysteries (and Magic) of Metadata” about confidential information contained in word processing documents which can inadvertently fall into the wrong hands. (It’s true that I already linked to that post in Blawg Review, but given how many blogs I covered, readers might have missed it, and it’s an important subject for anyone who wants to make sure that confidential data stays safe from prying eyes.) Also check out “Scary Computer Trick with Internet Explorer“, which shows just how easy it can be to compromise the security of passwords or credit card information. Jim offers plenty of other great stuff, from word processing tips to advice on increasing your productivity.

I also recommend Carolyn Elefant’s MyShingle.com, who writes in a user-friendly style with the small business owner in mind. Check out her list of categories in her right side bar, especially “Ideas & Tips” (with posts like “A Home Office Still Needs to Be an Office” and “Business Cards on the Cheap“) “Marketing & Making Money“, and Tech & Web.