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Permalink Reply by Jeff Thompson on April 2, 2011 at 6:50pm

John,

 

I would have to say that yes- there is much more the mediation profession can and should to raise awareness of the value mediation can offer many people in many situations.  And no, I do not think "us mediators" should rely on the TV show "Fairly Legal." :)

 

That said, I think, and please Bernie clarify, my understanding of Beyond Neutrality is that mediators and conflict resolution professionals should not limit themselves to a "neutral" role.  Sure, we can be mediators but that does not have to be our only service offered.  

 

We do not have to be "one trick ponies"- we can also be effective in being advocates and allies to people involved in conflict to help one party (yes, we can take sides!) explore all the possible options as well as get them to establish their BATNA/WATNA/MLATNA.  Additionally, we can coach them if they will be the one's negotiating.  

 

As for Libya, one thing that comes immediately to mind is timing- especially for when mediation might be most effective.  I am not sure if mediation would be appropriate right now; rather I think discussions and weighing of options/offers not in the public/media realm could be add value... even is violence is still being used.

 

Thoughts?

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Permalink Reply by John C. Turley on April 3, 2011 at 3:27pm

Jeff:

The best way to gain a perspective on the discussion is to join the ADR, Mediation and Conflict Resolution Exchange Group via LinkedIN.com.  My position on mediation is consistent with our Creighton education which of course takes a  more organic approach to the subject.   Within the discussion, there are subject matter expert commentators who are kindred souls to the Werner Institute's approach to mediation.  There are also many 40 hour wonders with limited mediation experience and very narrow world views.  A lot of time is wasted by people who know nothing about mediation but who expound grandiosely with non sequitors.

As far as Fairly Legal is concerned, I have never and do not intend to watch it.  However popular, this program is not going into my quiver as I practice mediation.

Jeff, it seems to me that we are on the same page.  I uphold Bernie's thesis in Beyond Neutrality which is why I introduced it to the LinkedIN.com discussion for the benefit of those who do not know his work.  Better yet, the participants need to hear from the subject matter experts and the thought leaders in our field.  I could not agree more with your points on the roles of the mediator as ally, organizer, strategist and coach.  Throughout the discussion, I find that approximately 10% of the commentators add value to the topic and enhance my knowledge.   

As far as Libya is concerned, I am opposed to the ongoing death and destruction now taking place in that country.  If mediation can stop the senseless death of one individual on either side of the conflict, I uphold it.  I understand that there are multi dimensions to every war throughout the history of mankind.  I am tired of war as a solution to the problems of the world.  In my opinion, it usually does not work.

 

JCT 

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Permalink Reply by John C. Turley on April 3, 2011 at 9:57pm

I just read an article in ACResolution on "Improvisation and Conflict Resolution,” which speaks to the dynamics of ADR and the role of the mediator to elicit more from their clients while giving more by stretching outside of their conventional role. This is where improv has value since it contributes to our role as leaders. We all need to grow beyond our self imposed boundaries to learn from other fields and people outside of our areas of expertise, as well as from our fellow mediators.
I see strong positions emerging in this discussion based on the commentators experience, education and worldview. I do not necessarily conclude that there is one and only one way to approach mediation from any of the commentators. Obviously, people have strong views; however, I do not read that one approach is superior to another or that a particular mediator is the undisputed leader of this discussion let alone the profession. Discussions amongst professionals may appear to be divisive; however, this is part of the healthy investigative process to uncover the truth, to grow and to learn from each other.

I challenge everyone to read Bernard Mayer's Beyond Neutrality which illuminates the crisis in the mediation profession. The book goes to the heart of this discussion. Mayer urges us to evolve from resolution to engagement and actual advocacy. Why? Well, the mediation profession must keep pace with the times and "offer more to their clients going beyond neutrality in order to redefine conflict resolution at a level of participation more appropriate to the current era." Further, why hasn't the profession evolved to become more of the mainstream for resolving conflict? The immediate inclination to resolve conflict is to turn to the courts. What must we do as mediators and ADR specilists to support our profession and bring it to the forefront of dispute resolution?

Finally, I offer an insight on the organic nature of the ADR profession. Here is a sample of the classes offered at The Werner Institute for Negotiation and Dispute Resolution, the Creighton University Law School. These types of classes are offered at Harvard, Pepperdine, and major law schools. I display them as an indication of the current topics that are taught and discussed at the colleges and universities throughout the world. For example, here is a snapshot of some of the topics under discussion:

* Foundations I and II on Negotiation and Conflict Resolution.

* Online Dispute Resolution

* Dynamics of Conflict Resolution

* Systems and Consulting for Conflict Specialists

* Culture, Gender and Power Differences in Conflict Resolution

* Conflict Specialist Ally Roles: Advocate, Organizer, Coach, and Strategist

* Health care Conflict and Resolution

* Independent research on ADR in virtually any line of business or industry focus.

I am a disciple of Bernard Mayer and other thought leaders in the field of ADR as my own style emerges and becomes more defined. My obligation to my clients is to expand my knowledge and to continue to grow from discussions like these, the subject matter experts, research and my practice. I remain grateful for this type of discussion for the reasons stated above.

JCT" class="comment">Here is my latest post on LinkedIN.com ADR, Mediation and Conflict Resolution Exchange 

I just read an article in ACResolution on "Improvisation and Conflict Resolution,” which speaks to the dynamics of ADR and the role of the mediator to elicit more from their clients while giving more by stretching outside of their conventional role. This is where improv has value since it contributes to our role as leaders. We all need to grow beyond our self imposed boundaries to learn from other fields and people outside of our areas of expertise, as well as from our fellow mediators.
I see strong positions emerging in this discussion based on the commentators experience, education and worldview. I do not necessarily conclude that there is one and only one way to approach mediation from any of the commentators. Obviously, people have strong views; however, I do not read that one approach is superior to another or that a particular mediator is the undisputed leader of this discussion let alone the profession. Discussions amongst professionals may appear to be divisive; however, this is part of the healthy investigative process to uncover the truth, to grow and to learn from each other.

I challenge everyone to read Bernard Mayer's Beyond Neutrality which illuminates the crisis in the mediation profession. The book goes to the heart of this discussion. Mayer urges us to evolve from resolution to engagement and actual advocacy. Why? Well, the mediation profession must keep pace with the times and "offer more to their clients going beyond neutrality in order to redefine conflict resolution at a level of participation more appropriate to the current era." Further, why hasn't the profession evolved to become more of the mainstream for resolving conflict? The immediate inclination to resolve conflict is to turn to the courts. What must we do as mediators and ADR specilists to support our profession and bring it to the forefront of dispute resolution?

Finally, I offer an insight on the organic nature of the ADR profession. Here is a sample of the classes offered at The Werner Institute for Negotiation and Dispute Resolution, the Creighton University Law School. These types of classes are offered at Harvard, Pepperdine, and major law schools. I display them as an indication of the current topics that are taught and discussed at the colleges and universities throughout the world. For example, here is a snapshot of some of the topics under discussion:

* Foundations I and II on Negotiation and Conflict Resolution.

* Online Dispute Resolution

* Dynamics of Conflict Resolution

* Systems and Consulting for Conflict Specialists

* Culture, Gender and Power Differences in Conflict Resolution

* Conflict Specialist Ally Roles: Advocate, Organizer, Coach, and Strategist

* Health care Conflict and Resolution

* Independent research on ADR in virtually any line of business or industry focus.

I am a disciple of Bernard Mayer and other thought leaders in the field of ADR as my own style emerges and becomes more defined. My obligation to my clients is to expand my knowledge and to continue to grow from discussions like these, the subject matter experts, research and my practice. I remain grateful for this type of discussion for the reasons stated above.

JCT" class="comment">Our discussion is lively and informative. This is healthy since we work in a dynamic field where new ideas emerge everyday. Disagreement and dialogue are part of the organic process which the profession needs in order to evolve and to address current issues. Without discussion and debate, we atrophy. For example, I plan to incorporate a number of ideas from many sides within this discussion into my quiver of resources and reference points. Even if I disagree with a commentator, I see value in the presentation of a different idea that may be applicable under certain circumstances.

I just read an article in ACResolution on "Improvisation and Conflict Resolution,” which speaks to the dynamics of ADR and the role of the mediator to elicit more from their clients while giving more by stretching outside of their conventional role. This is where improv has value since it contributes to our role as leaders. We all need to grow beyond our self imposed boundaries to learn from other fields and people outside of our areas of expertise, as well as from our fellow mediators.

I see strong positions emerging in this discussion based on the commentators experience, education and worldview. I do not necessarily conclude that there is one and only one way to approach mediation from any of the commentators. Obviously, people have strong views; however, I do not read that one approach is superior to another or that a particular mediator is the undisputed leader of this discussion let alone the profession. Discussions amongst professionals may appear to be divisive; however, this is part of the healthy investigative process to uncover the truth, to grow and to learn from each other.

I challenge everyone to read Bernard Mayer's Beyond Neutrality which illuminates the crisis in the mediation profession. The book goes to the heart of this discussion. Mayer urges us to evolve from resolution to engagement and actual advocacy. Why? Well, the mediation profession must keep pace with the times and "offer more to their clients going beyond neutrality in order to redefine conflict resolution at a level of participation more appropriate to the current era." Further, why hasn't the profession evolved to become more of the mainstream for resolving conflict? The immediate inclination to resolve conflict is to turn to the courts. What must we do as mediators and ADR specilists to support our profession and bring it to the forefront of dispute resolution?

Finally, I offer an insight on the organic nature of the ADR profession. Here is a sample of the classes offered at The Werner Institute for Negotiation and Dispute Resolution, the Creighton University Law School. These types of classes are offered at Harvard, Pepperdine, and major law schools. I display them as an indication of the current topics that are taught and discussed at the colleges and universities throughout the world. For example, here is a snapshot of some of the topics under discussion:

* Foundations I and II on Negotiation and Conflict Resolution.
* Online Dispute Resolution
* Dynamics of Conflict Resolution
* Systems and Consulting for Conflict Specialists
* Culture, Gender and Power Differences in Conflict Resolution
* Conflict Specialist Ally Roles: Advocate, Organizer, Coach, and Strategist
* Health care Conflict and Resolution
* Independent research on ADR in virtually any line of business or industry focus.

I am a disciple of Bernard Mayer and other thought leaders in the field of ADR as my own style emerges and becomes more defined. My obligation to my clients is to expand my knowledge and to continue to grow from discussions like these, the subject matter experts, research and my practice. I remain grateful for this type of discussion for the reasons stated above.

JCT

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