Eric Berne describes Transactional Analysis (TA) as a system for understanding, predicting and changing people’s behavior, that focuses on the unit of social intercourse, the "transaction". By adopting only simple language, TA offers a practical approach to help correct dysfunctional interactions. TA’s principles rest on three basic assumptions: people are OK; everyone can think; and people decide their own destiny, and decisions can be changed. Mediators can use TA to enhance the effectiveness of their techniques by triggering the parties’ “adult” with a transparent approach, and help the parties make rational decisions, without being manipulative or letting them feel manipulated.
Concurrent Session E
Thursday, April 03, 20144:30 PM-Thursday, April 03, 20145:45 PM
This innovative, powerful and practical tool identifies whether the environment in a mediation or negotiation situation is conducive to settlement. If not, it offers tools to bring the parties back into the Green Zone of Reason where a positive settlement IS possible. This encourages party decision making while in the optimal frame of mind resulting in durable/enduring settlements. The Clock is based on the latest MRI and behavioural sciences research. Its creators, Nicola Hartfield and Professor Phillip Green, will explain the underpinning research, and how mediators can, and have, put the clock to use for positive settlement outcomes.
Concurrent Session F
Friday, April 04, 20149:00 AM-Friday, April 04, 201410:15 AM
StephanieBell, Assistant Professor of Law, Assistant Director, Straus Institute for Dispute Resolution, Pepperdine University School of Law;
GeorgeBrown, Resolute Systems, LLC;
KarinHobbs, Hobbs Mediation
This panel asks and answers the question: how do you effectively embody the storyteller persona within a mediation? The panel will explore storytelling as a mediator intervention from building rapport, to influencing a first offer in the insult zone, to breaking impasse. Panelists will tell their best stories in a crisp and structured format. Panelists then unpack the strategic use of narrative within mediation. When and why do mediators tell tales? What is a paradigm for structuring a narrative trajectory? How do we deliver stories with impact? This is an interactive session with opportunities for practitioners to contribute.
Concurrent Session G
Friday, April 04, 201410:30 AM-Friday, April 04, 201411:30 AM
NancyGreenwald, Construction Dispute Solutions, PLLC
Cooperation between opposing counsel fits uneasily within our adversarial system. But the courts do not look kindly on attorneys who fail to cooperate in resolving discovery disputes, and the Federal rules may soon impose higher standards for cooperation. Submitting discovery disputes to mediation demonstrates cooperation and can speed resolution: This use of ADR will increasingly be in demand. Successfully mediating discovery disputes requires unique techniques. Drawing on direct experience, this presentation explains how mediating discovery disputes is different, discusses practical “lessons learned,” and suggests how mediation can expand from resolving discovery disputes to expediting the entire discovery process.
Concurrent Session H
Friday, April 04, 20141:00 PM-Friday, April 04, 20142:15 PM
RebeccaHollander-Blumoff, Washington University School of Law;
BernieMayer, Werner Institute, Creighton University;
MichaelMoffitt, University of Oregon School of Law;
RichardReuben, University of Missouri School of Law;
AndreaSchneider, Marquette Law School;
CynthiaAlkon, Texas A&M University School of Law;
LelaLove, Cardozo School of Law
What inspires ADR practitioners and scholars? This panel will continue the tradition started by last year's "What I'm Reading" panel by featuring several established ADR scholars speaking about recent ADR-relevant books or articles (or movies, or TV shows, or artworks) that are inspiring. The panel objectives are: (1) bring together people from different parts of the ADR universe, both on the panel and in the audience; (2) provide a sense of the breadth of ADR-relevant scholarship, to facilitate connections and insights; (3) highlight the diverse literatures that scholars and practitioners may turn to; and (4) compile a reading list.