“It’s All In Your Head: Ten Things For Clients To Keep In Mind During the Mediation/Collaborative Practice Process”
This article discusses ten things that mediation/Collaborative Practice clients should keep in mind to help them get the most out of the mediation/Collaborative Practice process: (1) You won’t get everything you want. (2) “Non-adversarial” does not mean “conflict-free.” (3) Be vulnerable. (4) Forget the word “fair.” (5) Your spouse may never understand the way you see things—and that’s all right. (6) Keep an eye on the big picture. (7) Accept responsibility for everything you’re experiencing. (8) Avoid the slippery slope of the law. (9) Listen with care and respect. (10) Take care of yourself.
“It Doesn’t Matter What’s Fair or Who’s Right: How to Approach Interest-Based Bargaining In Mediation/Collaborative Practice”
This article lays out four rules of thumb that can help introduce mediation/Collaborative Practice clients to interest-based bargaining. These rules are: (1) Speak respectfully, (2) Listen carefully, (3) Just Say It, and (4) Don’t Lose Sight of the Big Picture. Interest-based bargaining is opposed to position-based bargaining. There is a sense in which the latter depends on deception, on giving the other person an inaccurate impression of what you find acceptable. In interest-based bargaining, however, it is essential that both sides “lay their cards on the table” as a necessary first step in effecting the best possible mediation/Collaborative Practice settlement.
“Session Minutes: An Important Tool In Achieving Your Best Outcome Possible”
Mediation/Collaborative Practice professionals commonly draft minutes that outline what was discussed at each session. The minutes usually contain a brief synopsis of each issue covered, what both people expressed about the issue, any legal information that was provided, and the agreed-upon next step toward resolving the issue. Minutes also contain homework, or a “To-Do List,” for both clients and professionals. Finally, minutes confirm all future scheduled sessions and the agenda for the upcoming session. This article lays out seven points that detail the benefits of drafting minutes as part of the mediation/Collaborative Practice process.