|
Two key tasks. The two key tasks
for parties in mediation are (1) understanding (their own position and the
opposing party's) and (2) decision-making ("can we form an agreement
that is superior to the risks and opportunities of trial?").
Both require that the parties improve their communication to ensure that
each obtains the information and understanding needed to make the best
decision about resolving the conflict.
Assertion and listening.
Effective communication requires both willingness to assert yourself as
well as to listen and understand the others. Without the willingness
to listen to understand, the process cannot be effective. We must
balance both (assertions and listening) in time and quality. Of
course, this may include difficult
and complex discussions; yet proceeding to court is also difficult.
|
|
Moving from conflict from nonnegotiable to
negotiable. When participants are willing to balance and undertake the
willingness to assert and to listen to understand, then opportunities for
resolution increase dramatically. To be effective we need clear
communication, willingness to listen and understand and common work toward the goals
of mediation.
Who speaks and who listens? Each
party to the mediation needs to have a client representative who is qualified
and able to lead the communications (assertion and listening). If
communication is principally the duty of legal counsel, mediation will only
address legal component and fail to consider the personal and business
realities. If mediation is to achieve its key
goals, the communication must involve more than counsel.
White paper on mediation communications
|
