1. Journey To Empathy an ACR International Section Webniar - Presented by Martin Golder

    59:20

    from The Werner Institute / Added

    66 Plays / / 0 Comments

    This presentation follows the presenter’s research into Empathy and Compassion as tools in mediation and negotiation. Empathy is often listed as the primary skill of any successful mediator and there are many tools in the mediator’s tool box to help us towards the goal of true empathy. What then is empathy and how do we get it? Is it a learnable skill? Is it just walking in someone else’s shoes? At its simplest it can be described as very focused and attentive listening followed by a kind response. It could also be thought of as the conscious projection of ‘good will’. The essence is based on ancient traditions from India, often now associated with Buddhism but undoubtedly predating it, called metta bhavana, which translates as the cultivation of loving kindness. This cultivation is accomplished through various forms of meditation. The evidence of the efficacy of meditation, empathy and compassion is now well established scientifically through such research as fMRI brain scanning. When active listening, focused good will, empathy and compassion are used in high conflict situations, the effect can be almost magical in transforming hostile relationships into recognition of our common humanity in difficult times. It is not an easy path but the rewards are commensurate to the effort.

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    • Waj Khan : My Journey At CIArb

      01:34

      from WajKhanADR / Added

      282 Plays / / 1 Comment

      Watch my highlights at CIArb

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      • 02- Agreement to Mediate VOD

        05:52

        from OvalOptions / Added

        Confidentiality is paramount to the mediation process. In this segment., the mediator explains to the parties the expectations for confidentiality , the limits of his obligations and other content included in this Agreement to Mediate. * Are there extraneous or missing aspects in this mediator's description that you believe should have been better accommodated? * Should explanations about money be referenced in this section? Request the FREE workbook for more detailed questions and conversation topics for this video. http://ovaloptions.com/mbc

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        • 03- Andy Position Statement VOD

          04:50

          from OvalOptions / Added

          Mediation affords each party an opportunity to openly express their perspective on the situation without interruption. This segment allows the Denver-based director to express his concerns about the operation of the Honolulu office. * How does the mediator help/hinder the presentation of this information? * Would you have provided any different instructions to the non-speaking party during this phase? Request the FREE workbook for more detailed questions and conversation topics for this video. http://ovaloptions.com/mbc

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          • 04- Katie Position Statement VOD

            06:11

            from OvalOptions / Added

            Mediation affords each party an opportunity to openly express their perspective on the situation without interruption. In the segment, the head of the Honolulu office explains her actions that operate independent of the home-office oversight. * How does the mediator help/hinder the presentation of this information? * Would you have provided any different instructions to the non-speaking party during this phase? Request the FREE workbook for more detailed questions and conversation topics for this video. http://ovaloptions.com/mbc

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            • 05- The Negotiation VOD

              19:16

              from OvalOptions / Added

              During this segment, each party can express the mediation outcome that they'd like to happen. As a mediator, this is a good time to be aware of body language. * Did the mediator treat each party equitably during this segment? * Do you think each party believed they were "heard" during this negotiation? Request the FREE workbook for more detailed questions and conversation topics for this video. http://ovaloptions.com/mbc

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              • 06- Caucus With Katie VOD

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                from OvalOptions / Added

                The caucus is an opportunity for the mediator to speak privately with a party about the position they're taking within the mediation. Attempting to minimize any perceived power imbalance due to speaking frankly in front of your boss may be one reason for choosing to caucus. * Does starting with Katie display favoritism by the mediator? * Did the mediator do a good job to alleviate any favoritism concern? Request the FREE workbook for more detailed questions and conversation topics for this video. http://ovaloptions.com/mbc

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                • 07- Caucus With Andy VOD

                  06:51

                  from OvalOptions / Added

                  The caucus is an opportunity for the mediator to speak privately with a party about the position they're taking within the mediation. Providing an opportunity to discuss topics that may be politically sensitive to share with an employee may be a good reason to caucus. * Does the mediator create a sufficiently "safe" environment to uncover any underlying business concern? * Is Andy sincere in sharing his concerns in this segment? Request the FREE workbook for more detailed questions and conversation topics for this video. http://ovaloptions.com/mbc

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                  • 08- Crafting The Agreement VOD

                    10:39

                    from OvalOptions / Added

                    This phase of a mediation allows parties to propose realistic solutions to resolve their disagreement. This is an appropriate time for the mediator to draw upon notes to tactfully pose potential areas of agreement to get the ball rolling. * Does the mediator compromise the confidentiality of either party's caucus comments? * Does each party receive a fair opportunity to propose solutions? Request the FREE workbook for more detailed questions and conversation topics for this video. http://ovaloptions.com/mbc

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                    • 09- The Agreement VOD

                      03:36

                      from OvalOptions / Added

                      Appropriately documenting the agreements reached during a mediation is the critical last phase of the mediation. The mediator should be mindful to carefully word the agreement such that each party feels acknowledged in their concerns. * Does the mediator's proposed wording show a bias towards either party? * Can you identify one topic in this segment that could cause the whole mediation to fall-apart at the last minute? Request the FREE workbook for more detailed questions and conversation topics for this video. http://ovaloptions.com/mbc

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