Monthly Archives: June 2007

Questioning authority: teaching new mediators the value of open-ended questions

Teaching the use of questions in mediation trainingThere’s a story I tell when I teach mediation students how to ask effective questions:

A guy walks into a bar. He strolls up to the bartender and asks for a glass of water. The bartender looks at him–then flies into a rage, pulls out a gun from under the counter, and aims it straight at the guy’s head. The guy thanks the bartender and leaves the bar.

I instruct my students to figure out the ending of the story using only yes/no questions.

People start asking, “Did the bartender know the guy?” “Was the bartender out of water?” “Was the gun loaded?” “Was the guy a robber?” “Was the guy sleeping with the bartender’s wife?” “Was it a water gun?”

A dozen or so questions later, they’ve given up. All the yes/no questions in the world can’t solve the puzzle for them. So I tell them that I’ll give them one more chance. This time they can ask me an open-ended question to figure out the ending of the story. Someone will then ask, “Okay, so why did the guy thank the bartender for pulling a gun on him?”

Then I say,

Funny you should ask. The guy walked into the bar and asked for a glass of water because he had the hiccups. The bartender saw immediately what the problem was but knew that the best cure for the hiccups is to scare the pants off someone. So he pulled out the gun and aimed it at the guy’s head. That cured his hiccups, so the guy thanked the bartender and left the bar.

What usually follows is the sound of loud groans, laughter, and palms smacking foreheads.

The point of course is that you can waste time and work hard asking closed questions and never come close to understanding what’s really going on. On the other hand open-ended questions give mediators plenty of traction to draw out interests, elicit solutions, and address roadblocks. They get parties thinking–which is exactly what they’re designed to do.

(Unfortunately I cannot take credit for this story–which is really a lateral thinking puzzle. One of my mediator friends–and I can no longer remember which one since it was quite a few years ago–taught it to me. Now I pass it along to you in the spirit in which I shared a negotiation style game earlier this year. Fellow mediation trainers, please free to use it.)

Findlaw and Justia founder Tim Stanley hosts Blawg Review #112

Tim Stanley, a leading figure in legal cyberspace, and a really terrific guy, hosts this week’s excellent edition of Blawg Review, the weekly review of the best in law blogging. Tim is the founder of the well known legal web sites Findlaw and Justia.

(Dog lovers, take note: Tim, who writes at Justia’s Legal SEO & Marketing Blog, also publishes the photoblog, Little Sheba the Hug Pug. It’s the blog that makes you go “Awww!”)

Wis.dm of the crowds: web site seeks to build dialogue through yes/no questions

Wis.dm of the crowdsThe Boston Globe reports today on the launch of wis.dm, one more in a long line of social networking web sites.

Wis.dm (tagline: “Question everything”) describes itself as “an online community where you ask questions to the wis.dm crowd and get back useful answers. It is for people who are looking for something more meaningful than they get from ‘popularity’ based social networks. It’s a place to engage around asking, sharing, growing and learning.”

And that’s the premise behind wis.dm. Members are invited to post questions intended to “Get answers. Inspire a discussion. Raise a debate.”

Which sounds fine in principle until you realize that members can only pose questions that can be answered by either yes or no.

Here’s my question: In a complex world filled with complex problems, are yes/no questions the kind of question we really want to be asking?

If the idea is to inspire a discussion, it’s not clear how far “yes” or “no” will get you. There’s no room for explanation, for nuance, for subtlety, for all the many shades of gray that life’s questions call for.

“Yes” or “no” produces no understanding. It’s the “Yes because…” or the “No, but…” that is so much more compelling.

Easy tech tools to manage and market your ADR practice: a handbook for mediators and conflict resolvers

Easy tech tools to manage and market your mediation practice by Tammy Lenski and Diane LevinRecently I had the great pleasure of teaming up with friend and colleague Tammy Lenski to deliver a workshop at the Annual Conference for the Association for Conflict Resolution’s New England Chapter.

Our workshop was designed to introduce mediators, arbitrators, and others in the conflict resolution field to digital tools for managing, marketing, and delivering services in an ADR practice.

Tammy and I selected our favorite tools and put them together in a handbook for workshop participants. We had three criteria for selecting the tools that made it into this handbook: 1) ease of use; 2) no special tech skills or knowledge required; and 3) free or affordable.

We realized though that this stuff was too good to keep to ourselves and the people who came to our workshop–so we decided to share it with the web-surfing world. In PDF format for you to download is ADR in the 21st Century: Easy Tech Tools to Market and Manage Your Practice.

Tammy and I hope that you find it useful. And if you have your own favorite digital tools that make your life as a mediator easier, please let me know.

And now for something completely different: Tarheel Mediator latest addition toWorld Directory of ADR Blogs

The latest addition to the World Directory of ADR Blogs is Tar Heel Mediator, published by North Carolina attorney William B. Wallace. I’m going to let Will introduce himself and his blog:

Tar Heel Mediator is a blog devoted to mediation and other forms of ADR from the perspective of a reforming litigation attorney in Charlotte, North Carolina. The blog will touch on developments in ADR specific to North Carolina and beyond, hopefully in an entertaining fashion. I also hope to provide a lay person who visits the site with some guidance as to how ADR works, and why it can work for them.

Check out Will’s most recent post, “Lobbing missiles at mediation“, which not only invites mediators to share their strategies for handling posturing parties at the negotiation table but also irresistibly invokes Monty Python‘s The Holy Grail.

(Speaking of Monty Python, in my opinion the haggling scene from Life of Brian may be one of the funniest cinematic depictions of negotiation ever. If any of you have a favorite negotiation scene from either television or film, tell us all in a comment to this post.)

Congratulations on the launch of your new blog, Will!

World Directory of ADR Blogs celebrates its first anniversary

World Directory of ADR BlogsToday marks the first anniversary of the World Directory of Alternative Dispute Resolution Blogs, a directory that tracks and catalogues ADR blogs world-wide. It grew out of a project that I began during my first year of blogging in 2005, when I conducted my first census of ADR blogs and learned that there were only a few of us blogging about mediation, negotiation, or conflict resolution.

Today the World Directory lists 104 blogs from 17 different countries.

I continue to look for ways to add to my inventory. If you publish or know of a blog that should be added, please let me know. It’s a commercial-free site, and there is no cost to be listed.

I am especially interested in leads on ADR blogs outside the U.S. and Canada. If you know of any, I hope you’ll get in touch. The Directory has information on submitting your blog and submission guidelines.

Many thanks to the bloggers who got in touch with me from all over the world to tell me about their blogs and their work in the legal or ADR fields. And my gratitude to the friends who have supported this project, whose names are listed at the World Directory’s web site.

Two creative legal minds, two new conflict resolution blogs

Creative ideas from two legal bloggersTwo blogging attorneys, both inventive, smart, and insightful, have each announced the launch of new blogs:

Stephanie West Allen, best known for her work on Idealawg, a blog that reveals the artistry within the practice of law, has devised a new outlet for her creativity–Brains on Purpose, which will traverse the intersection between neuroscience and conflict resolution. She will be joined by research psychiatrist Jeffrey M. Schwartz, M.D. Knowing the thought-provoking content of Idealawg, I will look forward to discovering the fresh ideas that Stephanie and Jeffrey will be bringing their readers.

Meanwhile, Victoria Pynchon, who publishes Settle It Now Negotiation Blog, announces both a new blog and a new focus to her work as an ADR professional. She has joined forces with patent and antitrust arbitrator and mediator Les Weinstein; IP litigator and mediator, Michael Young; and international commercial and IP arbitrator and mediator, Eric Van Ginkel, to launch the IP ADR Blog, an intellectual property blog that examines the cutting edge of technological, commercial, and legal issues, from the perspective of seasoned dispute resolution professionals. This is a blog that likewise I will be following closely.

My best wishes to my friends Stephanie and Vickie–congratulations to you both!

The ups and downs of conflict: a game theory analysis of the toilet seat issue

The toilet conflict has its ups and downsAs a way to announce my return to blogging following a brief hiatus, I begin with a post that concerns one of the world’s most intractable conflicts (at least since the invention of indoor plumbing): the battle over the positioning of the toilet seat–up or down.

Now comes the study that all you gender-conscious game theorists have long been awaiting. From The Science Creative Quarterly is a paper addressing “The Social Norm of Leaving the Toilet Seat Down: A Game Theoretic Analysis“, which models the game as a non-cooperative one of conflict (which anyone in a multi-gender household can tell you is a fully accurate representation).

We can all hope that researchers may next examine another vexing problem: which way to hang the toilet paper–over or under.

(Thanks to Boing Boing.)