http://businessconflictmanagement.com/blog/2009/08/analytical-mediation/ Conflict Management Expertise from F. Peter Phillips Fri, 18 May 2012 06:56:46 +0000 http://wordpress.org/?v=2.7.1 hourly 1 http://businessconflictmanagement.com/blog/2009/08/analytical-mediation/comment-page-1/#comment-365 Michael Carbone Mon, 31 Aug 2009 20:27:37 +0000 http://businessconflictmanagement.com/blog/?p=199#comment-365 I concur with my friends Vickie and Eric. If we aren't being analytical then I don't see how we can be effective. However, there is a divergence of opinion among lawyers about how far we ought to go. I have had one lawyer tell me during a recent seminar not to talk to him about the weaknesses in his case because he already knows what they are. The implication was that I would be disrespecting him. Another lawyer said that the mediator should not evaluate his case because that is the lawyer's job. Part of customizing the process requires ascertaining how much of our analytical input is welcome, and what kind of input. I concur with my friends Vickie and Eric. If we aren’t being analytical then I don’t see how we can be effective. However, there is a divergence of opinion among lawyers about how far we ought to go. I have had one lawyer tell me during a recent seminar not to talk to him about the weaknesses in his case because he already knows what they are. The implication was that I would be disrespecting him. Another lawyer said that the mediator should not evaluate his case because that is the lawyer’s job. Part of customizing the process requires ascertaining how much of our analytical input is welcome, and what kind of input.

]]> http://businessconflictmanagement.com/blog/2009/08/analytical-mediation/comment-page-1/#comment-313 Eric van Ginkel Wed, 12 Aug 2009 23:05:32 +0000 http://businessconflictmanagement.com/blog/?p=199#comment-313 Hi Peter: Good Post! Other than the name of this method, isn't this pretty much what we teach in Mediation Class?? Hi Peter: Good Post! Other than the name of this method, isn’t this pretty much what we teach in Mediation Class??

]]> http://businessconflictmanagement.com/blog/2009/08/analytical-mediation/comment-page-1/#comment-308 F. Peter Phillips Wed, 12 Aug 2009 16:44:03 +0000 http://businessconflictmanagement.com/blog/?p=199#comment-308 No argument here. More than competent, though, I would say -- very very good. No argument here. More than competent, though, I would say — very very good.

]]> http://businessconflictmanagement.com/blog/2009/08/analytical-mediation/comment-page-1/#comment-307 Vickie Pynchon Wed, 12 Aug 2009 16:39:12 +0000 http://businessconflictmanagement.com/blog/?p=199#comment-307 Sounds like competent mediation to me. Could you competently mediate in any other way (leaving aside the pure transformative crowd)? Sounds like competent mediation to me. Could you competently mediate in any other way (leaving aside the pure transformative crowd)?

]]>