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In the IAM Blog, members of the International Academy of Mediators share their wisdom about how mediation can best be used to resolve serious conflicts, including approaches, techniques and perspective. This blog offers insights and thinking from one of the top groups of mediators in the world.


Joint Session with a Directed Discussion Format
By: Jerry Palmer, IAM Distinguished Fellow
Email: palmerjer@jpalmerlaw.com

Mediators have their favorite topics to debate when they get together. An important one is whether or not to have a joint session. I share the prejudice of most mediators that opening statements constructed by counsel to present their positions to the other side (like being in court) are fraught with danger and risk being counterproductive. However, my view is that a joint session is valuable if properly utilized...To read more click here


Unpacking the Mediator's Opening Statement
By: Rob Daisley, IAM Distinguished Fellow
Email: rob@daisleymediation.com


Like a good Top 40 song from the days when Kasey Kasem counted them down every Sunday morning, a Mediator’s opening statement of no more than three to four minutes is more likely to become a hit. We Mediators pack tons of valuable information into our brief opening statements. Here is an unfiltered Mediator-to-Participant guide to assist you in understanding some of the more important themes frequently conveyed by Mediators in our opening statements...to read more
click here

Preparing An Effective Pre-Mediation Memo
By: Jan Schau, IAM Distinguished Fellow
Email: JFSchau@adrservices.org

How do you prepare an excellent Mediation Brief? There’s some controversy: should it look like a legal brief, should it provide evidence as Exhibits, should it be exchanged or confidential, should it reveal weaknesses as well as strengths, how long or how brief?...to read more click here


Getting What You Need
By: Michael Young, IAM Past President and Distinguished Fellow
Email: mike@mikeyoungmediation.com

Mediators often think about how we can get parties into a different frame of mind. When the current mindset is not allowing for settlement, and we can’t sufficiently address parties’ emotion through empathic and active listening or other methods to satisfy emotional needs, what can be done?...to read more click here


   The Rules of Improvisation

By: Jeffrey Krivis, IAM Distinguished Fellow
Email:jkrivis@firstmediation.com

Mediation may be viewed as performance art, in which every case has improvisational aspects. Here are key rules:

1. Don’t deny offers and ideas: Denial is the primary reason negotiations get stalled. It causes you to have to regroup and try again, and it builds frustration in all parties including your audience...to read more
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   Why Do Negotiations Fail?

By: David Hoffman, IAM Distinguished Fellow
Email: dhoffman@bostonlawcollaborative.com

In recent years negotiation theorists have transformed our understanding of how to succeed in making a deal. Getting to Yes, published in 1981 by Roger Fisher and Bill Ury, has been translated into more than 30 languages and has sold millions of copies. The basic principles of their book – focusing on interests instead of positions, separating the people from the problem, using principled benchmarks for disputed issues, and identifying your best alternative to a negotiated deal – continue to guide thoughtful negotiators.
..to read more click here


Welcome to the IAM Blog from the Editor
By: Keith L. Seat, IAM Blo
g Editor & Distinguished Fellow
Email: kseat@keithseat.com

This is the first posting of the new blog of the International Academy of Mediators, which will open to you the insights and thinking of one of the top groups of mediators in the world.

The International Academy of Mediators is a selective group of highly experienced commercial mediators from around the world who, in this blog, are sharing their wisdom about how mediation can best be used to resolve serious conflicts, including approaches, techniques and – most important of all – perspective...to read more
click here
 


Please note that each IAM Blog posting represents the view of its individual author, but not necessarily others associated with IAM. IAM Blog Editor Keith L. Seat may be contacted at kseat@keithseat.com.

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