I came across this and loved it. It is a very clever animation with great music so make sure you have your speakers on.

Credits:www.humanrightsactioncenter.org

Created by Seth Brau

Produced by Amy Poncher

Music by Rumspringa courtesy Cantora Records 

Personnel Today - Rise in workplace conflict set to cost businesses billions

A recent report Fight, flight or face it published jointly by OPP and the Chartered Institute of Personnel Development surveyed thousands of employees in nine countries across three continents, in businesses of all sizes and in all sectors. A second survey revealed the opinions of 660 HR professionals in the UK, allowing for a balanced employee/employer view on conflict.

The research  found:

54% of employees want managers to address underlying tensions before they escalate into conflict.
58% of employees who have had relevant training now look for win-win outcomes from a workplace conflict.
In countries where such training is more prevalent, positive outcomes from conflict are far more common.
27% of employees have seen disagreements involving personal attacks or insults.
16% have actually seen conflicts lead to people being fired.

Recent article in Personnel Today about the anticipated rise in workplace disputes as a result of the downturn in the global economy. Video comment by me on why it is good to engage a mediator early in the process.

There are a couple of places still remaining for this unique event and there are very attractive discounts on two places for those wishing to attend, especially from overseas.

Alumni of this course include many of the UK’s leading mediators and international practitioners, some of which have attended the course more than once, myself included!

The uniqueness of the event is a combination of the experience of the participants, the location and, of course, the highly experienced training faculty. This generates a fantastic learning environment which is further enhanced by a strong emphasis on both fun and reflection. There are very few advanced mediator skills events that are capable of generating both the challenge and the sense of community as this one does and those of us that have attended speak often of what a joy it was to be there.

A booking form is attached together with a couple of my photos of the extraordinary venue.

Please contact David Richbell for further details - contact details are on the form Advanced Mediator Training - Umbria, Italy.

The cloisters and courtyard are used for eating, meeting, thinking and some training. The view is an early morning from one of the bedrooms.

A series of seminars aimed at exploring the current issues in Alternative Dispute Resolution are scheduled for the autumn. So some dates for your diary. Programme of Seminars 2008 - 2009

Seminar one:

Settlement and Arbitration - Professor Loukas Mistelis, Queen Mary University

Mandatory mediation in Floria: not such a Mickey Mouse idea - Dr Susan Prince, University of Exeter

Date: 3 September 2008 3 - 5pm

Location: Roy Goode Room, 67-69 Lincoln’s Inn Fields, Queen Mary university, London WC2A 3JB

Seminar two:

Evaluative and Facilitative Approaches to Construction Mediation - Dr Penny Brooker, University of Wolverhampton

Mediation and Scottish Lawyers: Past, present and future - Dr Bryan Clark, University of Strathclyde

Date: 5 November 2008 3 - 5pm

Location: University of Wolverhampton, School of Legal Studies

Seminar two:

Evaluative and Facilitative Approaches to Construction Mediation - Dr Penny Brooker, University of Wolverhampton

Mediation and Scottish Lawyers: Past, present and future - Dr Bryan Clark, University of Strathclyde
Date: 5 November 2008 3 - 5pm

Location: University of Wolverhampton, School of Legal Studies

Seminar three:

The English civil court as sponsor of settlement - Professor Simon Roberts, The London School of Economics and Political Science

The Fugitive Identity of Mediation - Debbie De Girolamo, PhD Candidate, The London School of Economics and Political Science
Date: 7 January 2009 3 - 5pm

Location: The London School of Economics and Political Science

I recently rediscovered this photograph I took some years ago. I just love it and it seems just right for now!

Click on thumbnail to view larger image.

Here is a copy of a model I conceived some time ago. It shows how curiosity leads to appropriate action.

There is a short QuickTime movie and a Flash version. Once the movie has loaded click on centre of image to advance build. You are welcome to use the model/files as long as you leave the copyright notice intact. Thank you.

Curiosity Model

or Flash movie

Curiosity Model Flash Movie

And here is the ‘voice over’: If you ask the right questions (curiosity) (and you really want to know the answers) then you will get better information that will improve your knowledge of the situation. With information comes  understanding and then respect follows. Once there is respect, people are prepared to take responsibility or play their part which is vital for appropriate action.

I would like to point you to a recent article published on the Harvard Business School Working Knowledge site on a book by by Gerald and Lindsay Zaltman about the value of deep thinkers in organisations titled “Marketing Metaphoria: What Deep Metaphors Reveal About the Minds of Consumers“. It chimes well with the recent blog post I wrote on curiosity.

According to the Zaltmans, “while nearly all research techniques commonly used today probe humans only at their conscious level, the subconscious (offering deep insights) really determines behavior, and that explains why humans don’t behave as they say they will, whether in buying or other behaviors.”

What I particularly like about the article (apart from the fact that it supports some “deep thinking” theory and practice that I have been sharing for a long time) are the following observations which seem to me to be very much what goes on for parties and their advisers during mediations.

1. reluctance to take risk, especially when short-term performance is at stake,
2. the fear of disruption resulting from “thinking differently and deeply,”
3. the potential psychological cost of changing one’s mind resulting from deep thinking, and
4. the lack of information providing deep insights on which to base deep thinking.”

These points as very relevant to the parties in mediation and how mediation can really contribute to the development of their business and identify opportunities. If mediators don’t explore the subconscious issues with the parties it means, I think, that we are almost certainly ’leaving value on the table’ and it is value that the parties could have created from their own knowledge and could have improved their experience of mediation. In the article the Zaltmans propose that there are just “seven deep metaphors —

• balance (equilibrium),
• transformation (changing states or status),
• journey (as in life),
• container (keeping things in and keeping things out),
• connection (feelings of belonging or exclusion),
• resource (providing survival), and
• control.”

and that these metaphors…“describe 70 percent of our inner feelings. The objective is to find deep metaphors that individuals share in common (a true market segment or a basis for resolving a confIict) rather than differences. If we would just take the time to explore them we would be able to realize such things as more substantial, farsighted, successful new product introductions (such as the hybrid auto ten years ago at Toyota); more successful conflict resolution; and more significant innovation…”

The list of metaphors may provide other mediators with a very useful checklist. I have added some further notes for consideration.

• balance - what are the parties beliefs about justice, fairness and reciprocity? This will be very relevant to the negotiation about the numbers later on and if no money is involved it will be even more relevant to changing perceptions about satisfaction and trust.

• transformation - where is the information that might help the parties transform their view of the dispute? What assumptions are being made? How influential do the parties feel?

• journey - how do the past, present and future interrelate for the parties? This has relevance for maintaining optimism and hope that a settlement can be reached. It is important in relation to how much time you spend on the circumstances that prompted the dispute in the first place. It also has very real importance in cross-cultural disputes where different cultures have different time orientations.

• container - what are the boundaries experienced by the parties? Are feelings of inclusion and/or inclusion important and what do they believe is possible (in) and what is not (out)? This might simply relate to what they have been told are matters that can be included in any litigation.

• connection - What are the feelings around relationships, self-esteem, pride, capability etc? And do the parties really understand their own needs?

• resource - what are the beliefs about available resources - their own and those available to the other side? This might include the ability of the other party to pay. It may be what happens if they don’t get the amount that they are looking or/have to pay the amount the other side is looking for. Resource is also very relevant to deciding what the zone of possible agreement might be because that will define the negotiation strategy and therefore the outcome.

• control - what are the feelings around being in charge, decision making, vulnerabilities and fears?

My apologies to the Zaltmans if I have reframed their categories to something that is beyond their intentions! I hope they might put it down to “deep thinking”!

More on how this played out in a recent mediation is another post.
here is the link for the book on Amazon.com

A recent conversation reminded me of how difficult it is to build a full-time mediation practice. I am frequently asked by new and aspiring mediators how to go about it and if there are any tips and tricks I can share with them!

I am always willing to share my experiences but at this point in the conversation I usually feel rather helpless! I have never found any tricks to building a mediation practice although I would argue there is some element of magic and luck in the process! I thought I would write something more helpful and then I noticed that Geoff Sharp at Mediator blah blah has  covered the subject with some good links to other articles. Here is one by Victoria Pynchon who is fast becoming my friend although she doesn’t know it yet! The wonders of blogs! Starting a practice.

On the question of magic and luck: in my experience they tend to follow having clear goals, intention and commitment. You can wrap your strategy around those and listen for opportunities that match your goals.

Tammy Lenski who is also fast becoming a friend through the world of blogs has written some useful articles about starting a mediation practice. This is a very good place to start. I also really recommend her site which is full of really useful tips. It is also beautiful to browse.

Having read through both Victoria’s and Tammy’s generous summaries of what worked and what didn’t. My own experiences are very similar. Here are a couple of points that I feel can’t be emphasised enough:

Sometimes the most difficult thing is saying ‘no’ to work that might distract you or muddy your positioning in the market. For example, taking a commission for work which is what you used to do rather than what you want to do now and more importantly requires that you practice some of the things that you now know don’t work. The benefit of working with people that you know is that you are likely to have established rapport and trust with the client and you may feel able to say ‘yes’ to what they say they want and do what you would rather do with better results for both!

Saying ‘yes’ to any and all opportunities to use your mediation skills, and in the early days this tends to be for little or no remuneration, will lead you to other opportunities (they always do) and will help you feel you are making progress because you are doing what you are good at and learning how that works in practice. It also helps to put substance on your CV.
I recommend that you keep a journal or notes about any new work/mediations that you do. I have a journal entry for each mediation/project which covers the following questions:

• What were my expectations? This covers hopes about the benefits and fears about the risks especially if I am doing something new or dealing with an area in which I don’t have a huge amount of expert subject knowledge.
• What did I try that was new? This would include new skills, testing new insights or theories developed from past experiences, reading or training
• What was the highpoint? This covers things that worked and that I would do again/more of. It also covers insights and turning points.
• What didn’t work? This might include concepts that I didn’t quite explain well enough and need to reframe or refine or the outcome of trying something new which didn’t work!
• Would I like to do more?

If you have any particular questions about getting started do post a question.

Curiosity – the oracle for mediators.

Asking the ‘oracle’ is an ancient human practice. The ambiguous nature of answers received has been the defence of sceptics for just as long. Hocus pocus! They cry. And history reveals that the ancient Roman and Greek oracles were skillfully manipulated for political reasons and used to control the populous. So there we have it: ancient spin doctors! No wonder there are cynics!

However, asking an oracle works for many and many mediators might sometimes feel they are regarded as the oracle! What is interesting is that it doesn’t really matter which one you chose, the tarot, I Ching, whatever, the instructions are just the same: You must be clear about the question you want to ask because it affects the quality of the information you get back. And you must pay attention to your intentions.

This is powerful and sometimes very challenging stuff. To frame a question clearly you need to know what is at stake, understand what it is you want and most of all you must want to hear the answer. The strange thing about the answers from any oracle is that they usually send you off on another quest(ion) or a review of values, beliefs and assumptions which can be very irritating for those for whom the destination and ‘knowing’ and ‘certainty’ is what matters most. Being curious for some is an irrelevant diversion to the decision making process: they want to get to the end point fast.

The wonderful thing about the English language is that it is a living language which changes all the time to reflect the popular usage. Along the way the definition of curiosity has changed from its original meaning. We think of curiosity as a childish thing with a sense of prying or snooping when in fact it comes from Old French curioseté and Latin curiositas meaning a personal attribute of carefulness, scrupulousness, fastidiousness, skill, cleverness and discernment. These are not bad attributes for a mediator!

There are basically 4 types of question: rhetorical, closed, open and filtering, which is a group that approaches the information already given in different ways. They might challenge, focus or seek to clarify.

Rhetorical questions (statement with a question mark at the end) are more about personal style and sometimes humour - very useful in mediation! Closed questions (yes or no) must be skillfully used otherwise they simply close down the flow of information which can be good when you want a decision or confirmation (and you are ready for that). Open and filtering questions are the stuff of information gathering.

If you want to test out what I am saying then spend a little time just listening to the way people ask you questions. As you listen to their questions, ask yourself:

• Do they really want to know the answer?
• Are they validating assumptions or do they want more information?
• Do I feel maneuvered or manifulated?
• Do they want a specific answer?
• Do I feel that they are interested in learning something new?
• Are they really interested and how does that make me feel?

Be aware of the responses you get and aware of how you answer the question.

If you don’t know the answer yet, just live the question.

The following survey by the American Bar Association was brought to my attention and it might be of interest to mediators interested in restorative justice.

Download survey
For more information visit ABA web site