![]() ![]() Just because someone is a good lawyer or judge does not mean they are a good mediator or a master at negotiation. Using a mediator allows you to control and observe the proceedings simultaneously. So how then, do you become your own Zen master at negotiation?įirst of all, you select a mediator that has the power to blend process expertise, creative problem solving and common sense. In other cases, the parties are so entrenched in their animosity, greed, expectations or righteousness, that I must work alone. How can I move this immovable mass into something lighter, more flexible, and more transportable so that solutions can be found? If I am lucky, several of the attorneys and clients in the process will understand the tactical nature of mediation and I will have partners to work with. As a mediator, my adversary is the problem. How centered and balanced can I make myself, concentrating my energies and magnifying my power? In the calm quiet of my own reflection I can see deeper into the eyes of my adversary. Meditation is separated from mediation only by a little “t”. How deep can I go in my understanding of the multiple layers of meaning implicit in any human interaction? What are my objectives, what is my skill set, my tools necessary to achieve a skillful result? A Zen master sees beneath the surface of the problem to what is motivating the reaction, what underlying emotions are stimulating or challenging my opponent. ![]() S/he removes any obstacle from the mind, eliminates any distractions, and concentrates completely and intensely upon the matter at hand. What is the difference? How do you use mediation tactically and strategically for your own best interests?īefore going into battle a Zen master carefully prepares himself. Yet, some people tend to come out better, the settlement is more satisfying, more beneficial or more skillfully performed. There is a certain momentum to the process that good mediators capture and build on. It is imperative to use this time wisely. The real cost of a mediation is the time and expense of assembling the key players. Yet not every mediator is the same and not every negotiation can be dissected out of a casebook. The good news is that these problems are so prolific that mediators have job security. If a case were easy to settle the parties wouldn’t need a mediator, unless … there are client control problems, communication problems, ego and personality issues, animosity, poor legal representation, hidden issues, recalcitrant partners, and/or group constituencies that must be satisfied. The Zen of Mediation - Tactical Warfare at it’s BestĪ good friend of mine once said that there are six essential traits for a good mediator: Patience and Persistence, Patience and Persistence, Patience and Persistence. ![]()
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