Posted By admin on January 20th
Conflict management is the trend. Trials are declining and courts are losing resources. http://bit.ly/yxMzji
Want Peace in Personal Conflict? Improve Your Attitude! http://insanelyserene.com/?p=1887
Check out this short article: Why is “fighting” good for healthy relationships? http://bit.ly/z1jOJ0
Nice piece about working with emotion during divorce. Http://huff.to/x9Q2LW
Posted By admin on December 16th
My top pics this week include tips to get through the holidays during divorce, and one unique idea for conflict resolution:
Divorce during the holidays makes for a trying time: http://bit.ly/vq3Gwn
Student helps solve classmates’ conflict using mediation: http://bit.ly/vCJg6N
What it’s like to be a collaborative lawyer and mediator: http://bit.ly/hG11zr
And last but not least, one idea for conflict resolution from Jimmy Kimmel: http://www.youtube.com/watch?v=D_DbBSpu_1Y
Posted By admin on December 9th
On Friday, I like to share some of the best articles and blogs I have read throughout the week. Here are my top picks for this week:
Why mediated divorce makes sense in today’s uncertain financial times: http://huff.to/tmtTx5
Five tips for a successful mediation: http://bit.ly/sHcAQG
Seven tips for getting through that dreaded conversation you’ve been avoiding: http://bit.ly/uAf0Gp
Divorce in a recession leads to more collaboration: http://bit.ly/s0RrwG
Posted By admin on August 3rd
For weeks, we have been subjected to the negotiations between Congressional leaders and President Obama over the debt ceiling and federal budget. It was a roller coaster ride with a lot of tense words and finger pointing. And in the end (which is not really the end), do we have anything to show for it?
These budget/debt ceiling negotiations (hereafter called “The Negotiations”) give a lot of insight into what can go wrong in negotiations. Here are 3 negotiation tips you can apply in your own life to avoid the mistakes of our elected officials:
1. Have the right decision makers at the table
All sides have to want to resolve the issue, and the people who are authorized to make the decisions need to be at the negotiations. I believe that one problem with The Negotiations is that the American people are the ones most affected by the final agreement, and we weren’t represented at the table. The people who are supposed to be representing our interests weren’t doing that. They didn’t even care enough to educate, inform, and bring together the American public. They were more concerned about their political careers, their narrow-interest financial supporters, and their pledges to small interest groups. It doesn’t appear they are interested in resolving the real issues.
2. Appreciate the consequences if you walk away
A strategy mediators use is to ask the parties to consider the consequences if the issue is not resolved. The hope is that they will give it some thought and decide the consequences are too great to not resolve the issue. If the consequences are not great, it’s easier to walk away.
In The Negotiations, some of the negotiators apparently felt they could walk away even though the majority of the American public felt the consequences were too great to do so. In a true negotiation, the negotiators would be concerned about the needs and interests of all sides to determine how best to accommodate them. They would be willing to move away from their “position statements”. The negotiators seemed to be ignoring the needs and interests of the American public. They didn’t assess their risks realistically.
Unfortunately, if the negotiators walked away from The Negotiations, there was no court, or other decision making authority, to impose a decision. However, negotiators have to remember negotiations don’t exist in a vacuum – they may have to negotiate with the same people again and again on other issues.
3. Have a neutral party mediating
A neutral mediator can listen to each side, suggest ways of finding common ground, and help broker an agreement that satisfies all parties. A mediator focuses on keeping the parties talking, which is a critical piece to achieve a successful negotiation. Mediators know that many negotiating parties believe fully that the best deal doesn’t come until the final hour, and they are not willing to complete an agreement until then. Mediators also know that many breakthroughs happen when it seems all hope is lost.
It’s doubtful that the Supreme Court (or any other authority) could impose a mediation requirement on the negotiators; however, a mediator could help them move beyond position statements, consider the needs and interests of the true parties (the American people), and explore true long-term settlement options.
Posted By admin on June 15th
When conflict arises, people begin a negotiation process to resolve the conflict. The process may be spoken or unspoken depending upon level of conflict.
The process itself shall be partially dependent upon the level of trust between the people. Therefore, if you build your trust level with those around you on a daily basis, it will make all of your negotiations smoother.
Posted By admin on June 1st
Many times a solution to a conflict requires creative thinking. Many of us have a difficult time, however, being creative. Our daily tasks encourage us to be ritualistic, methodical, and predictable. It simply makes life easier. However, when faced with a conflict, it’s usually time to put in gear our creative thinking.
Recent Amazing Race winner, Nat Strand, has been recognized for her ability to endure the rugged, globetrotting scavenger hunt while managing her Type 1 diabetes. Strand and her teammate, Kat Chang, had to carry all of Strand’s equipment and medicine without assistance from the production crew. Strand was poking her finger numerous times each day in cars, boats, and other unusual locations. She had to protect and work with the insulin pump attached to her. She had to maintain her controlled diet in unexpected locations and eating unfamiliar food.
In an interview after winning the competition, Strand said, “As a diabetic, you’re very used to getting yourself out of a jam—like if you get low somewhere or you accidentally rip your pump out, or you run out of insulin or strips faster than you thought—you get pretty resourceful. It breeds this part of you that gets creative about dealing with adversity, and finding solutions to adversity is the biggest advantage in the Race, and in life.”
There have also been studies that show when we have challenges and limited choices, our brain goes into a problem solving mode. Creativity can lead to surprising and effective solutions.
When you are in the midst of a conflict, try imagining that you have some non-existent handicaps or limitations. It will force your brain to work more creatively, which may allow you to recognize some less obvious choices.
Posted By admin on May 13th
You have heard about saving your money to prepare for war. How about saving your money, and improving your skills and resources to prepare for peace?
Do you have a peace chest to handle conflict? Developing a peace chest is a decision to focus on teamwork, problem solving, and interest based negotiation rather than threats or power. A strong peace chest promotes harmony, encourages self-empowerment, and provides for healing.
Peacemaking is not easy, it requires a shift in thinking, and it can’t be done alone. You build your peace chest by doing the following things:
You develop your skills by:
Posted By admin on April 15th
Jason Fried is a columnist for Inc. Magazine, an author, and the co-founder of 37signals, a software firm. Fried almost had a big conflict on his hands, and an apology saved his company from even bigger headaches. The apology resolved his conflict, and you can read about it here: http://www.inc.com/magazine/20110201/how-to-turn-disaster-into-gold.html
Fried describes that his company provides a real-time chat tool for small businesses called Campfire, and on a particular occasion, the software was not working correctly. Users of the software were becoming impatient and irate. Fried writes that the upset customers contacted his company and expressed their unhappiness on Twitter.
Fried’s most telling statement, however, is, “Of course, all companies experience episodes like this. How they handle the situation is what counts. I’m not talking about fixing the problem—you have to fix it; that’s a given. I’m talking about how you communicate with your customers, how you accept responsibility, and how you make things right. That’s what people remember.” By communicating with their clients and accepting responsibility, Fried’s company resolved the conflict before it became a truly long-term disaster. Fried provides three steps, which can be applied to all conflicts:
Note that the apology was only the second step to resolve the conflict; the company also had to make things right. Action needs to follow words. Fried writes, “People don’t judge you on the basis of your mistakes—they judge you on the manner in which you own up to them. In my experience, most companies do a terrible job of taking blame.”
Posted By admin on March 22nd
Sarah Palin was visiting Israel, and while at the Temple Mount, her hosts explained that Jews are not allowed to openly pray on the Temple Mount, which is a holy site for both Jews and Muslims. Palin responded by asking, “Why are you apologizing all the time?”
From my review of the news reports, I don’t completely understand the context of Palin’s question. Based on Palin’s past comments, I believe it’s fair to assume that she was really stating a belief that Israel, as an independent nation, should just be able to take whatever actions it wants to take and not acquiesce to the feelings and beliefs of those who disagree. In other words, Israel should be able to pray at the Temple Mount, build settlements in disputed areas, and damn those who disagree.
Although I agree with the premise that Israel is criticized way too much for its decisions, Palin’s comment about apologies shows a lack of understanding of the power of apologies when in conflict. Interestingly, Esquire magazine recently posted an article that claims Palin only publicly apologized seven times during 2010. You can read that article here: http://www.esquire.com/blogs/politics/sarah-palin-sorry-011311
Many times we debate too much about whether any injury actually occurred and whether the recipient is deserving of an apology. Instead, there should be a recognition that strong relationships are built on equality and evenhandedness.
Technically speaking, an apology is an acknowledgement that the person has created an injury and they are accepting responsibility for the damage. Strong leaders are able to show humility and admit mistakes. An apology can also be a powerful tool in negotiations and mediation. Apologies are transformative experiences wherein the person who feels injured now feels empowered. The apology itself enables closure and allows the people involved to move on so they are able to work together in the future.
Posted By admin on February 26th
This past week, we all witnessed a seriously nasty conflict unravel right before our eyes. The star of CBS’s highest rated comedy, Two and a Half Men, Charlie Sheen, blew up at his bosses, and in the process, the show appears to be on life support.
Isn’t it the truth that we all saw this conflict coming? Isn’t it also the truth that nobody involved did much to head off this conflict? I believe that the Two and a Half Men debacle has provided us with at least Two and a Half lessons to avoid conflict.
1) Address the source of conflict early on
To avoid conflict, it’s important to encourage a frank and honest discussion about everyone’s interests and concerns before taking any positions. Sheen has a history of turmoil in his life. CBS now believes Sheen’s turmoil affects the show. How did CBS’s producers address that at the beginning? What action did they take after Sheen’s recent arrests and binges? In the public eye, all the producers said was that these are private matters in Sheen’s personal life, and that Sheen is the consummate professional who always shows up for work. If that’s the case, then what has changed now? From what I can see, absolutely nothing, other than they decided this was the time to address the conflict. The truth is they all enabled each other to allow the problems fester.
2) Don’t let greed and money dictate avoidance as the solution to conflict
CBS seemed fine with everything while Sheen lined their pockets with gold. Sheen seemed fine with everything while CBS paid him almost $2 million per episode. Don’t ask, don’t tell, and everyone gets rich. Then Sheen took to the airwaves to publicly call his bosses stupid clowns. CBS responded by cancelling the rest of the season for Two and a Half Men. Sheen responded by saying, “I fire back once and this contaminated little maggot can’t handle my power and can’t handle the truth.” Suddenly, the money doesn’t look so rosy anymore.
2.5) A narcissist will always think that they’re the smartest, best looking, most powerful person in the room – so how do you negotiate conflict with a narcissist?
During his recent statements, Sheen claimed that he’s the most important person to the show, that everybody is jealous of his talent and his lifestyle, and that he’s a special person capable of turning off his addictions without any assistance, and certainly without a rehabilitation program. The only person who truly believes all that is the narcissist, and in this case, the narcissist with the addictions. Most conflict negotiation tactics backfire with a person who has a narcissistic personality. Negotiations require a high level of skill and patience. When negotiating with a narcissist, you need to decide whether you have any options to avoid negotiation and whether you (or your representative) have the skills to negotiate with a narcissist.
