chatterhoogl.blogg.se - Relentless optimism

Relentless optimism full#

It is an experience that believes all human beings can with facilitation rise above conflict. The ending is 100% predictable, because it is entirely voluntary. Mediation is over in a day or in a few days not years. None of that time and demoralization is compensable even if you win. The days in trial and the agony of waiting on the jury are the experience of a slow motion dice roll in Vegas. IT professionals retrieve terabytes of information and run search algorithms through it over and over. Executives review gigabytes of data for discovery.

Fact #2: Formal dispute resolutions are expensive not only in lawyers, but in lost employee time and morale.

Loss that impacts income statements, balance sheets, wildlife, water, land, and careers

Fact #1: Any lawsuit, arbitration, or other formal dispute mechanism carries the risk of loss.

That optimism has to be based on facts the parties come to believe in during the mediator led preparation: It is not enough to be optimistic for its own sake. In mediation unicorns and rainbows are not the fantasy, but the whole point.Īs with all things involving a mediator, credibility is paramount. Throughout Mitchell understood one fundamental truth. No commercial or natural resource dispute could ever challenge optimism in the way Northern Ireland challenged it.

Outwardly he was confident in the parties and their future despite the bloody history. The almost irrational belief that two parties deeply entrenched in a dispute fighting in court or public are going to turn aside and resolve their issues informally. But there is one characteristic more important than any other. It requires a person who can change the most entrenched dynamics by techniques, empathy, experience, and preparation.

This is a post about the obligation of the mediator to empower the room.

Relentless optimism full#

Mitchell's book is so full of wisdom on mediation, I wanted to follow-up over several posts. I wrote last week about Senator George Mitchell's book, Making Peace, and the importance of understanding your mediator's background and opinions before the day of mediation.