From the daily archives:

Tuesday, March 13, 2007

Cognitive Daily helps us understand how people think If you’re fascinated by the way human beings think–and I don’t know a mediator who isn’t–you should pay a visit to Cognitive Daily. Each day this blog posts an article that explores some aspect of cognitive psychology–the study of internal mental processes such as problem solving, decision making, information processing, language, and memory.

Recent posts include “Casual Fridays: Test your knowledge of world accents!“, “We can judge the emotional content of pictures in as little as 13 milliseconds” and “Amazing demo of what we remember visually and why“.

You’ll also find links to articles like “Waiting For The Pay Off: Psychologists Show That ‘Money Changes Everything” which explores weaknesses in decision-making when it comes to the choices people make.

If you’d like to find out what makes your clients (and your colleagues) tick, pay a visit to Cognitive Daily.

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Ten web sites for mediatorsAs a mediator in a solo private practice, I’m always on the lookout for ways to run my business better with the help of digital technology. Which explains why I’m a regular reader of Law.com’s Legal Technology blog.

Case in point: this post on “Ten Must-Have Web Sites for Solo Practitioners“. You don’t have to be a lawyer to find stuff here you can use.

(Pssst. This post recommends eFax for internet faxing service. I use GoDaddy.com’s Fax Thru Email for the increasingly rare faxes that I need to send or receive. It’s less expensive and works great.)

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Giving feedbackAccording to studies in social psychology, many of us unwittingly overestimate our own abilities, blind to our own deficiencies.

These studies demonstrate, however, that accurate feedback powerfully counteracts these tendencies.

The problem though is that in many settings–workplaces for example–mechanisms for providing accurate feedback are often inadequate or even absent. Which explains why poor performance is so often seemingly rewarded by wage increases or even promotion.

Part of the problem of course is that we’re reluctant to deliver bad news. “If you can’t say something nice, don’t say anything” is drilled into us from childhood. Many of us may also feel totally unprepared to give feedback. The trouble though is that people won’t get better on their own. Without feedback to hold a mirror to our faces, we have no idea what’s not working and what needs to be changed.

Not sure how to give feedback? Consider the following suggestions:

1. Think about your goal. I remember a boss from one of my first jobs after college who seemed to enjoy publicly humiliating his employees. He would yell at his staff, berating them at a high decibel level. Needless to say, the turnover rate at this workplace was enormous. This guy lost sight of the purpose of feedback–an opportunity to build a relationship and trust with someone else, not demean them. The objective is to:

a. Help people understand the goals to be met
b. Explain what they’re doing and not doing to meet those goals–be honest
c. Provide a realistic blueprint for improvement

2. Provide privacy. Giving and receiving feedback can be hard. It can be more comfortable for everyone involved if it’s done privately–and allow for face-saving.

3. Give specifics. People need to understand exactly what isn’t working well. If you’re giving feedback, come prepared with specific examples. Document, document, document. In addition, provide specific details of steps that need to be taken. Be direct and clear.

4. Stop being an avoider. Delay doesn’t make problems go away–they will only get worse and be harder to deal with. The sooner a problem is addressed, the easier it is for everyone to remedy. When behavior is allowed to go on for years and no one ever says anything, it’s going to be much harder to address.

5. Set out a clear action plan. People need to know what comes next. Make sure that the goals are clear and that the other person understands them. If possible, chunk the action plan down into manageable, realistic steps. Do people need support or training to help them meet goals? Make sure that it’s going to be available. It’s also important that people understand the consequences of failing or refusing to make changes in response to feedback. And be consistent in enforcing consequences.

6. Give positive feedback too. If possible, don’t just dwell on negatives. Let people know what they’re doing that’s great. It gives people hope and incentive to continue to do those things well. Besides, we can all do with a pat on the back.

7. Follow up. It can be a great idea to establish a feedback checkup–a follow-up session or sessions to see if goals are being met or any fine-tuning needs to be done.

Got ideas of your own that work for you? Share them here–comments are welcome.

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Blawg Review #99 goes to the dogs!

by Diane Levin on March 13, 2007

in Blawg Review

Blawg Review goes to the dogs!The 99th edition of Blawg Review, the weekly review of the best in law blogging, is hosted this week by self-styled reformed lawyer (and dog lover) Matt Barr, who blogs at Begging to Differ. Matt gets some help from Libby the dog, who was apparently found guilty last week of perjury and obstruction of justice charges.

Show your support and free Libby by visiting this edition of Blawg Review.

(Incidentally, coming up soon, my friend Diana Skaggs of Divorce Law Journal will be hosting Blawg Review #101. Just one more reason why mediators should tune into Blawg Review for all the latest legal news.)

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