Monthly Archives: March 2009

30 countries now represented at ADRblogs.com with addition of Swedish blog

the geography of collaborationSince 2006 I’ve been cataloging blogs around the world that discuss ADR, negotiation, consensus building, and conflict resolution, at the site I created to track them, World Directory of ADR Blogs @ ADRblogs.com.

With the addition of Hantera Konflikter – a blog covering conflict resolution with a special focus on workplace issues – and also the first Swedish blog to be added to the catalog – ADRblogs.com lists nearly 200 blogs from 30 countries across a range of practice areas. Here is a selection of recent additions to the ADRblogs.com catalog:

  • Cross Collaborate is published by John Folk-Williams, a practitioner and writer in the field of public policy collaboration, interest-based negotiation, mediation and the involvement of citizens in the decisions that affect their lives.
  • Mediation Chat offers musings about community mediation practice and observations about conflict resolution techniques.
  • Kluwer Arbitration Blog covers news and issues in international commercial arbitration.
  • Transforming Conflict, published by family mediator Rina Goodman, offers information, tips, and insights to address difficult family issues.
  • Denise Hummel’s Universal Consensus Blog focuses on consensus building and cross-cultural training in international business.

Of course if you have a blog you’d like to submit for inclusion in ADRblogs.com, please let me know. Read the submission guidelines and then get in touch. (ADRblogs.com is just a few blogs shy of 200, so I’d welcome your help in putting ADRblogs.com over the top.)

ADRblogs.com is a blog itself, so you can subscribe to either the RSS feed or email list to get alerts about the latest additions to the dispute resolution blogosphere.

Thinking outside the pie: using mediation is no compromise

Think outside the pie with mediationYesterday I discussed an article on mediation that appeared in USA Today, dismayed by its depiction of mediation as a free service provided by volunteers.

But that was not the only problem that caught my attention. The article also quoted a critic of mediation who mistakenly charges that mediation “is a ‘terrible idea’ because it presumes the victim must accept some kind of compromise.”

Here is yet one more misapprehension that the public has about mediation – that the best outcome it can produce is compromise- a split-the-baby result that leaves all parties equally dissatisfied. This tells me that we mediators need to keep at it, countering and correcting these misunderstandings.

Let’s keep on getting the word out there that in mediation, disputants don’t just divide the pie, they can expand it. Ask yourself, is your negotiating style leaving value on the table? If so, you just might want to ask a mediator for help.

Meanwhile, maybe we mediators need a new motto – something along the lines of “We don’t compromise when it comes to helping you negotiate.”

Negotiating Twitter: a mediator test drives the hot social media craze

TwitterSince February, I’ve been test-driving Twitter, the social media tool that everyone these days seems to be talking about.  It’s a social and business networking, instant messaging, and microblogging service, all rolled into one. Twitter invites users to respond to the question “What are you doing?” Every day, thousands of users log in, eager to answer, using cell phones or computers.

Once you set up a Twitter account, you’re ready to begin. You choose others on Twitter that you’d like to “follow” – that is, receive updates from. In turn, like a cult leader or radio talk show host, you gradually build an army of “followers” of your own – i.e., Twitterers interested in getting updates from you. There’s a heady thrill when you discover that Harper’s Magazine, George Stephanopoulos, and The Onion are all following you. Twitter has its constraints: each message that you send – known as a “tweet” – is limited to 140 characters, so each tweet you send demands an economy of thought.

I’d initially been resistant to the notion of Twitter, organized around the premise that your network of contacts actually cares what you’re up to. Twitter conversation at its worst – which you can eavesdrop on here – not surprisingly reflects the banality of daily living, dispatches from the world’s waiting room. When I first signed up and attempted to follow the threads of conversation among those I followed, I was confused by the seemingly disconnected messages popping up on my screen. Twitter at first felt like attending a cocktail party organized by the Mad Hatter. As you survey the room, hoping to catch sight of someone you might know, you overhear random snatches of conversations in progress. The babble of voices rises, each rapidly talking over the other and everyone seemingly talking only to themselves.

Contributing to the sense of disorientation, communications through Twitter often rely upon a shorthand or code incomprehensible to outsiders but recognizable by Twitter habitués. (Twitter lingo — comprised of neologisms like “tweets”, “twitterers” and “tweeps” (slang for your friends on Twitter) — brings to mind critic Dorothy Parker’s immortal review of A.A. Milne’s The House on Pooh Corner: “Tonstant Reader fwowed up.“)

One factor though pushed me to hang in there.  Many of the ADR and legal blogosphere’s most respected contributors had enthusiastically adopted Twitter. I figured if colleagues like Tammy Lenski, Stephanie West Allen, Bob Ambrogi, and Victoria Pynchon had embraced Twitter, there must be something redeeming about it.

So I persisted. Here’s what I learned about Twitter and why I’m a committed (for now) Twitter user.

The natives are friendly.

What won me over in the end was the sociability of Twitter. Twitter regulars like Susan Cartier Liebel and Charon QC patiently answered my questions, tolerated my mistakes, introduced me to their followers, and offered me help and advice. One of them, Amy Derby, a social media enthusiast who publishes Law Firm Blogger, generously shared with me a guide she had created for newcomers to Twitter.

Twitter allows two ways to communicate with others: you can send them a public message, visible to everyone. You can also send a direct (private) message, but only if that user is already following you. (Note that it can be easy to err and send out to the whole world what was supposed to be a private message, so take care before you click.)  Definitely respond to the messages you receive; that’s the point of social media.

For me the rewards in social networking have been great. Twitter has allowed me to get to know other bloggers more informally, outside of their blogs, as well as any number of people outside my profession. Twitter has of course introduced me to mediators and others working or studying in the field of conflict resolution. Located around the globe, they are remarkable individuals whom I would not have connected with otherwise, representing the chance to explore cultural differences and join hands over similarities. This in turn has translated into more readers for my blog. In addition, for those interested in seeing the face of the next generation in dispute resolution, Twitter will connect you with students like Leigh Doyle who represent the future of ADR.

Getting started with Twitter.

Others have already produced superb advice on the topic of Twitter, which I see no point in duplicating. I encourage you to read them:

However, there are some pointers I thought I’d share:

Use Twitter tools to save time.

To make the most of Twitter and avoid the frustration I experienced at the beginning, waste no time and download one of the third-party apps available to manage and send messages on Twitter. The one I’ve decided to stick with, after testing several, is Tweetdeck, which runs from my desktop and allows me to organize messages by group and by topic, so you can better manage the torrent of information Twitter unleashes. Tweetdeck also includes access to several URL shorteners, so that I can quickly shorten the links I send in my tweets. I really recommend it. Also, what no one ever told me: don’t even try to read every single “tweet” that anyone you follow sends out. It’s impossible. Use Tweetdeck or a similar tool to zero in on content that interests you.

Take your time to ease in.

At first I spent time observing to gain a sense of the rhythms of Twitter.  I gradually selected more people to follow and paid attention to how they used Twitter. Like with blogging, each one had a unique voice and each used Twitter differently. Some used Twitter primarily to post links to content, others for chatting with their network, and some plainly for working the room to make sales (for a me a turn-off and a reason not to follow back). What I would suggest is to spend a few minutes each day, perhaps first thing in the morning and then again toward evening, dropping in on Twitter to see what those you follow are discussing. I also began posting “tweets”, tentatively at first, then with more confidence.  For me, these brief, daily visits gradually built a more complete picture of the Twitter experience.

Follow your instincts.

One of the problems with all forms of social media is what to do when someone wants to connect with you, whether it’s the former co-worker on LinkedIn or the ex prom date attempting to friend you on Facebook.  On Twitter, the question is, do you follow back those who follow you? I’ve heard conflicting advice about following; some suggest following anyone who follows you as a matter of courtesy, others, like Twitter evangelist Kevin O’Keefe, sensibly suggest a more reasoned approach. Obviously building your connections in Twitter is important if you intend to use it for business or social networking; however, Twitter limits to 2,000 the number of people you can follow, so you do need to be selective.

The rule of thumb I developed for following is simple. I follow those a) whose tweets interest me; b) aren’t using Twitter to shamelessly flog goods or services; and c) don’t Twitter while driving. (I’m serious about that last one. I was once almost killed by a cellphone-wielding driver.) Before following someone, I like to look at their Twitter page to get a sense of what they post and check out the web site their profile links to.

Know Twitter’s shortcomings.

Twitter is no magic bullet. Although it can used for microblogging (short messages with links to relevant content), text messaging, and networking, this multi-purpose tool is by no means a perfect, one-stop solution. It is certainly no substitute for publishing a blog of your own, since you do not own the content you create on Twitter and Google does not index the outgoing links, which means the sites you link to from Twitter do not receive the search engine recognition or value they would gain otherwise. These issues have led Small Business Trends to wonder whether Facebook, Twitter, and other social media sites are turning us into digital sharecroppers — and to offer this advice:

Use it to drive traffic back to your own websites or the page on Amazon where your book is for sale; to create personal brand visibility online; to develop a reputation as an expert; to expand your network of professional contacts; to create a community of fans and followers; and to spread word of mouth about your business. But don’t use social sites like Facebook, FriendFeed or Twitter as the place where you publish the majority of your intellectual property or devote the majority of your efforts…. Be an owner — not a renter.

For this reason, be sure you have a plan in place before you start using Twitter or any other social media tool. Know what you’re using it for.

Also, remember that your clients are on Twitter, too. I have seen mediators tweeting from the negotiation table, sometimes posting updates I’m not sure they would want their clients to see. Twitter is a public forum; someone can easily overhear you. However, Twitter can also serve as a quality monitoring tool — your clients just may be twittering about you, too. That may be reason enough to get yourself a Twitter account.

* * * * *

If you’re already on Twitter or are about to set up an account, you can follow me at @dianelevin. If you have other tips or best advice to contribute, please feel free to do so in the comments section to this post.

In mediation we trust: time to stop devaluing our services as mediators

valuing mediation servicesI recently stumbled across “Mediators help in neighborly dog disputes“, an article in USA Today extolling the virtues of mediation to resolve tricky neighborhood conflicts.

Although I suppose we should welcome the publicity, the article did our profession no favors, creating the impression that mediation is largely a free service, one that non-profit mediation programs and their staff of unpaid volunteers willingly provide – a perception apparently confirmed by the National Association for Community Mediation spokesperson the reporter spoke with.

Let me say first that I have nothing but respect and admiration for the work that non-profit community mediation programs do and their willingness to go where angels fear to tread.

But why is it that such a highly visible segment of mediation services is routinely provided by unpaid volunteers? In what other field are trained professionals continually expected to provide services for little or no remuneration – by the courts, by the public, and by our own kind? When will pro bono work become the laudable contribution that mediators make in their spare time and not the expected norm, the default? When are we going to start insisting that our work has value and merits compensation? When are we going to start acting like we truly believe those things?

How about right now?

Recommended books for mediators, ADR professionals: a brief bibliography

books for adr professionalsThe latest issue of the weekly Mediate.com newsletter links to an article by mediator Barbara Brown which provides a “A Practical Bibliography of Books for the Mediation Practitioner“.

It is a comprehensive list of influential texts for ADR professionals, and I salute Brown for taking the time and thought to compile what is plainly a labor of love. This will undoubtedly be a useful resource for practitioners, and I already looked it over to see if anything essential was missing from my own collection of books on conflict resolution and negotiation.

The one problem is that it’s a very, very long list. With only so much money in the budget for books and limited time to read them, how does a mediator, particularly a new one trying to build a useful reference library, figure out which ones to acquire? That’s a question a number of folks often ask me.

So here’s my short list – absolutely essential titles that mediators and other dispute resolution practitioners should read. (Although it may provoke cries of protest, I do not include Getting to Yes, in part because it’s so obvious but also because it’s on my list for Reading to Complete Before Taking a Mediation Training.)

So…what’s on your short list?

(FYI, to subscribe to the Mediate.com newsletter, go to the Mediate.com web site, scroll down to the subscription widget in the left sidebar, and enter your email address.)

Outwitting the leopard: deception at the negotiating table

outwitting the leopard

The other day a friend emailed me the following joke, which has circulated widely on the internet:

A wealthy old lady decides to go on a photo safari in Africa, taking her faithful aged poodle, Cuddles, along for company. One day the poodle starts chasing butterflies and before long, Cuddles discovers that he’s lost. Wandering about, he notices a leopard heading rapidly in his direction with the intention of having lunch.

The old poodle thinks, “Uh, oh! I’m in deep trouble now!” Noticing some bones on the ground close by, he immediately settles down to chew on the bones with his back to the approaching cat. Just as the leopard is about to leap, the old poodle exclaims loudly, “Boy, that was one delicious leopard! I wonder if there are any more around here?” Hearing this, the young leopard halts his attack in mid-strike. Terrified, he slinks away into the trees. “Whew,” says the leopard, “that was close! That old poodle nearly had me!”

Meanwhile, a monkey who had been watching the whole scene from a nearby tree figures he can put this knowledge to good use and trade it for protection from the leopard. So off he goes, but the old poodle sees him heading after the leopard with great speed and figures that something must be up. The monkey soon catches up with the leopard, spills the beans and strikes a deal for himself with the leopard.  The young leopard is furious at being made a fool of and says, “Here, monkey, hop on my back and see what’s going to happen to that conniving canine!”

The old poodle sees the leopard approaching with the monkey on his back and thinks, “What am I going to do now?”, but instead of running, the dog sits down with his back to his attackers, pretending he hasn’t seen them yet. Just when they get close enough to hear him, the old poodle says, “Where’s that damn monkey? I sent him off an hour ago to bring me another leopard!”

I like this joke. Not only is it workplace safe, it’s funny, builds suspense, and ends with an unexpected twist. Best of all, it inspires a lesson or two about negotiation.  After all, in negotiation, you have to be clever enough to spot trouble when it’s coming, and nimble to respond to change and new information. You also must be careful not to underestimate the resourcefulness of any of your fellow players at the table — as the monkey unhappily discovers.

In real-world negotiations, it’s a safe bet that none of us will ever have to outsmart a cunning poodle or a talking leopard and his monkey sidekick.  But how can we protect ourselves from those who would deceive us?  A recent paper considers deception at the negotiating table in “Was Machiavelli Right? Lying in Negotiation and the Art of Defensive Self-Help“. From the article:

…lawyers, businesspeople, and everyone else who engages in negotiation must learn how to carefully and purposefully implement strategies and behaviors to defend themselves against those who lie and deceive—no matter the reasons prompting it. I therefore conclude the Article by offering prescriptive advice (including examples) for minimizing one’s risk of being exploited in a negotiation should other parties lie. The advice is undergirded by the notion, expressed throughout the Article, that information exchange (or lack thereof) plays a pivotal role in all negotiations. Indeed, I argue that information is the lifeblood of any negotiation, and therefore that the various strategies and behaviors influencing whether, when, and how information is obtained and/or exchanged are extremely important in the process of defending oneself (or one’s client) against lying and deception.

The moral: it’s a jungle out there.

Time for mediation certification in the U.S.? Not this way, thanks

caution proceed with careThe Association for Conflict Resolution‘s Family Section released the latest edition of its quarterly newsletter, Family Mediation News. A front page article insists in large typeface that “Certification of Mediators Needed Now More than Ever” (PDF).

Author Stephen K. Erickson, chair of ACR’s Taskforce on Mediator Certification, explains why he thinks so:

Certification of mediators is no longer an issue that should be debated. Certification is essential to the continued development of the mediation field and it must be accomplished in the near future for two important reasons: 1) Increasingly, adjudicative models of dispute resolution are being called “mediation” when, in fact, they are actually coercive and/or evaluative settlement conferencing techniques masquerading as mediation, and this confuses the public; and 2) ACR members who have toiled for years to provide the public with quality dispute resolution processes have difficulty marketing their products when the public is unable to distinguish between a qualified mediator and an unqualified person who decides to enter into the field with little or no training in mediation.

According to Erickson, before establishing certification one must first determine what constitutes “good mediation” (Erickson’s phrase, not mine).  When it comes to recognizing “good mediation”, however, Erickson seems to adhere to the Justice Potter Stewart school of “I know it when I see it“, or rather “I know it when I don’t see it”.  Erickson argues that since one of mediation’s central tenets is the principle of self-determination, mediation practices that fail to support self-determination do not constitute the competent practice of mediation. So, because they undermine self-determination, Erickson excludes from “good mediation” evaluative and directive approaches, such as mediation conducted by a “retired judge” or by a mediator not “from a behavioral science background” who relies heavily on caucusing (private meetings with parties individually, rather than joint meetings with all parties present).

I am personally uncomfortable with any labeling of mediation practices as either “good” or “bad”. This unnuanced view does not help us describe effective mediator process choices that produce for disputants successful and satisfying outcomes. Although at one time I argued in favor of formal credentialing or licensing, I no longer support it with the same fervor, since too many questions remain to be answered, and Erickson’s discussion of the issue of certification illustrates why I think we should all be concerned when anyone insists that certification is integral to the advancement of our field.

For one thing, who says that facilitative mediation is the best way to practice?  If self-determination matters as much as Erickson says it does, then what if parties prefer to work with an evaluative mediator? What if they really do want an evaluation at the end of a hard day of facilitative mediation to help them move beyond impasse?  What if they prefer to work in private meetings with the mediator, rather than directly with each other face-to-face? Why must we assume that one style of practice fits all?  In addition, who gets to decide what’s “good” or what’s “bad”? Surely not the mediator. If self-determination matters, shouldn’t we be listening to the users of mediation services tell us what works for them and what approach best fits their needs, rather than paternalistically insisting that we know what’s best for them?  Others, respected scholars, have pointed out that evaluation can in fact “bolster party self-determination … by leading to better-informed decision-making”.

Moreover, given how dysfunctional ACR has been for several years now as an organization and unresponsive to the concerns of members, why should I place confidence in its ability to steer a clear course for the ADR profession on the important question of certification, particularly since it has already dropped the ball once on this issue?

I agree with Erickson that self-determination is key, but not in the way he imagines it; I say let disputants determine for themselves what kind of mediator and what kind of process they need.

In fact, I would argue that another mediation principle is equally relevant: informed consent. Rather than excluding evaluative mediation from the list of “good” practices, perhaps it’s time instead to urge all who call themselves mediators to provide disputants with sufficient information about the approach they utilize — facilitative, transformative, evaluative, narrative, or a hybrid of approaches, who cares — so that the disputants themselves can make informed choices when it comes to selecting the best mediator for the job.

In the renewed call for certification, it strikes me as premature and unwise to exile members of our own community. New direction depends upon fresh thinking, not on orthodoxy. A facilitative mediator myself, I like to think that mediation remains a large enough tent that many styles remain welcome.

Is it time for a No Asshole Rule for Blawg Review?

No asshole rule by Bob SuttonIn 2007 management science expert Bob Sutton wrote The No Asshole Rule: Building a Civilized Workplace and Surviving One That Isn’t, a book that dared name the toxic problem that bedevils the modern workplace. His book described ways to identify and neutralize assholes and ultimately immunize your business against them.

The latest edition of Blawg Review, the weekly review of the best in legal blogging, makes me wonder whether Sutton’s ideas may have a different application.

Blawg Review, usually known for the collegiality that once inspired me to declare it an “18th century coffeehouse for the digital age“, takes a dark turn this week. Hosted by the notorious and anonymous Geeklawyer, Blawg Review #203, replete with images from Victorian era pornography and cheap swipes at legal bloggers, leads me to ask, is it time for a No Asshole Rule for Blawg Review?

Caution: this edition of Blawg Review is not workplace safe — unless you happen to work in a brothel. Click through with caution.

Negotiating disability

barriers to negotiationLast summer an online magazine for entrepreneurial women elevated form over substance when it advised its audience to accessorize for that big negotiation and mimic the “look” of the person on the other side of the table. I responded with a post criticizing the undue focus on physical appearance:

Behind it lurks a whole array of social justice issues uncomfortable to discuss but urgent for us to face — women and aging, youth and beauty, race and skin color, antipathy toward the obese, prejudice against those with disabilities or deformities.

In urging women to “mimic” the look of their bargaining counterpart, how would the author of this article counsel the 60-year-old woman negotiating with her 30-year-old prospective boss? Or a woman of color negotiating in a predominately white workplace? Or a woman wearing a hijab? Or a woman with a face disfigured in a car crash, negotiating with people who are unscarred and whole?

We are told not to judge a book by its cover yet repeatedly we do nonetheless, reducing others to something less than the sum of their parts. We make snap judgments, too often wrong ones, on the basis of physical appearance. We mistake mere emblems of authority — the business suit or the white coat — for actual authority. We rely on beauty as a proxy for intelligence, social skills, and talent.  And our discomfort with differences can lead those who are not disabled to stigmatize and shun those who are.

Consider the recent case of BBC children’s television host Cerrie Burnell. The BBC’s decision to cast Burnell, who has only one hand, sparked strong reaction from some parents who claimed that her disability would frighten children.

The BBC made the decision to hire Burnell; others obviously would not have. For those with disabilities not all barriers are made of concrete or stone. And some still block access to a seat at the negotiating table.

(Hat tip @NaropaPeace.)

Round-up of noteworthy articles for mediators, negotiators

roundup of mediation articlesFor the past month, I’ve been test-driving Twitter, a Web 2.0 microblogging, messaging, and social media tool. I’ll be discussing those experiences later this week, but in the meantime, I thought I’d pull together a sampling of articles I’ve been sharing with my followers on Twitter.

If you’re already on Twitter, you can follow me at @dianelevin. Or you can subscribe to the RSS feed for my Twitter updates.