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idealawg is now an Alltop blog

Alltop, all the cool kids (and me)

I am very pleased to be included in Guy Kawasaki's featured blogs at Alltop. The site's tagline is "We've got all the top stories covered all the time." And I am honored to be a part of this group of blogs that was added today:

Visit us all at http://law.alltop.com. Tag line for this section of Alltop: "We've got Law covered."

Two upcoming dispute resolution conferences

From the Alternative Dispute Resolution listserv come announcements of two conferences, both sponsored by the Werner Institute at Creighton University.

June 3 - 5, 2008 International Conference on Creating Cultures of Engagement in Health Care

This forum provides an opportunity for us to envision a new way of working together. Building on successful strategies and guiding principles used by conflict engagement specialists, collaborative lawyers, and dispute resolution professionals experienced in working with innovative health care organizations, attendees will learn effective techniques that foster collaboration in health care environments around the world.

June 5 - 7, 2008 International Conference on Chaos, Complexity & Conflict

This first-of-its-kind-conference will focus on applying chaos theory, complexity and emergence to the field of conflict resolution. Experts on complexity studies will come together with practitioners and educators of alternative dispute resolution. Together we will discuss how an understanding of complexity can bring the field of conflict resolution to a higher level. This interactive conference will focus on the integration of theory and real world applications for practitioners of alternative dispute resolution who are working with complex organizations.

New edition of THE COMPLETE LAWYER now online: The focus is "A sound mind in a sound body"

Coversound Another chock-full edition of The Complete Lawyer is up and awaiting your reading eyes and minds. Articles include one I wrote with Dr. Jeffrey Schwartz: "Exercise Mind Hygiene On A Daily Basis." Excerpt:

Do you ever have days when you describe your life as out of control?  Is your career going in an unintended direction? Do you feel as if you don’t have the time to assess whether your personal and professional trajectory is consistent or colliding with your goals and values, or if it’s aligned with your daily preferences? If you answered "yes" to any of these questions, stop! For just a moment, step off the treadmill and join us on solid ground.

Do you want to take control? If so, you already have the necessary tool—your reflective mind. Unfortunately too few people use this life-correcting instrument. Instead, most lawyers operate in a reactive mode. Some are so governed by the billable hour that their brains are like metronomes, still keeping time even when they are away from work, preventing them from paying full attention to life outside the office. Others are so motivated by fear of not scaling the Mt. Everest heights of the legal profession, of not meeting elusive standards or not moving fast enough that they suffer self-induced workaholism. Sadly, some lawyers are so governed by their reactive brains that they become physically ill.

Other don't-miss articles:

And much, much more! This edition includes the second column written by my sisters in the ADR 'hood (Vickie Pynchon, Diane Levin, and Gini Nelson) and me; click to read the new installment of our "The Human Factor."

Something for everyone in The Complete Lawyer. Enjoy.

Note (added May 2, 2008, 12:04 PM Mountain): From one of my favorite blogs (because it is smart, sharp, short, sassy, and even once in a while silly), an announcement of this edition of TCL. Do NOT miss how What About Clients? heralded this The Complete Lawyer; what they did is good for your mind and your body. Get moving! Love that crew of bloggers—Holden Oliver, Brooke Powell, Tom Welshonce and Dan Hull. Kind of a hybrid of Miley Cyrus, Benjamin Franklin, Britney Spears, George Washington, Robin Williams, and Angelina Jolie. (Maybe throw in a teaspoon of the Dalai Lama and Starhawk, too.)

Better to lead with thinking rather than feeling in negotiations? Maybe if you are an MBA student in a negotiations course

Today, in an article titled "It Pays To Know Your Opponent: Success In Negotiations Improved By Perspective-taking" (Science Daily), I read of a study looking at what the researchers called "perspective taking" versus "empathy." When I read the SD article, I was troubled because the either/or proposition seemed simplistic and also unrealistic given what we know about how people respond to each other both consciously and unconsciously.

From the war room to the board room, negotiations are a part of everyday life. Successful negotiations demand a clear understanding of one’s opponent. But what approach should one take to achieve such an understanding of one’s opponent in everyday negotiations?

[Researchers] asked a similar question and found that success in negotiations depends on focusing on the head and not the heart. In other words, it is better to take the perspective of negotiation opponents rather than empathize with them.

Perspective-taking, according to the study published in the April 2008 issue of Psychological Science, a publication of the Association for Psychological Science, involves understanding and anticipating an opponent’s interests, thoughts, and likely behaviors, whereas empathy focuses mostly on sympathy and compassion for another.

“Perspective takers are able to step outside the constraints of their own immediate, biased frames of reference,” wrote the authors. “Empathy, however, leads individuals to violate norms of equity and equality and to provide preferential treatments.”

(I would like to see and evaluate for myself the research from which that conclusion about empathy was drawn.)

I found the original research article [download "Why It Pays to Get Inside the Head of Your Opponent" here] to see how the research was conducted. After reading it, I think the results are not clear-cut or well-defined, and

Continue reading "Better to lead with thinking rather than feeling in negotiations? Maybe if you are an MBA student in a negotiations course" »

Minds locked against the resolution of conflict? Here's one key for opening the locks

Do you see the world correctly? Is anyone who disagrees with you wrong? That view of disagreement is what Professor Lee Ross calls naive realism. From "Lee Ross's Lecture on Barriers to Conflict Resolution" (The Daily Gazette - Swarthmore):

Naïve realism is the conviction that one sees the world as it is and that when people don’t see it in a similar way, it is they that do not see the world for what it is. Ross characterized naïve realism as “a dangerous but unavoidable conviction about perception and reality”. The danger of naïve realism is that while humans are good in recognizing that other people and their opinions have been shaped and influenced by their life experiences and particular dogmas, we are far less adept at recognizing the influence our own experiences and dogmas have on ourselves and opinions. We fail to recognize the bias in ourselves that we are so good in picking out in others.

Many conflict resolution experts recommend dialogue as a way of overcoming different views of reality. Does Ross? Yes, but a particular kind of dialogue.

Overcoming naïve realism is difficult because group dialogue, usually thought to be a good way of helping people to see things from the other point of view, can actually only further polarize opinions on a topic. Ordinary dialogue does not necessarily lead to recognition of the ambivalent nature of “right and wrong” on an issue. Ross’s suggested solution to this problem is to have members of a group

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Article on Solution Focused Mediation—and an upcoming interview of the author

Fbbannink I am pleased to say that Fredrike Bannink has agreed to be interviewed (past idealawg interviews) here. Before the interview is posted, you may learn more about her approach to mediation by reading her article from mediate.com titled "Solution Focused Mediation." Excerpt:

The solution focused model was developed during the 80s by De Shazer, Berg and colleagues at the Brief Family Therapy Center in Milwaukee, USA. They expanded upon the findings of Watzlawick, Weakland and Fish (1974), who found that the attempted solution would sometimes perpetuate the problem and that an understanding of the origins of the problem was not necessary. Propositions of De Shazer (1985) are:

  • The development of a solution is not necessarily related to the problem (or conflict). An analysis of the problem is not useful in finding solutions, whereas an analysis of exceptions to the problem is.
  • The clients are the experts. They are the ones who determine their preferred future and the road to achieving this. De Shazer (1994) assumes that problems (or conflicts) are a sort of subway tokens: they get the person through the gate (to the table of the mediator) but do not determine which train he will take, nor do they determine which stop he will use to get off.
  • If it is not broken, do not fix it. Leave alone what is positive in the perception of the clients.
  • If something works, continue with it. Even though it may be something completely different from what was expected.
  • If something does not work, do something else. More of the same leads nowhere.

Click for the rest of the article.

The Dhamma Brothers: A film about prisoners in a maximum security penitentiary learning Vipassana meditation

Enterpagenew_06 From the Web site for The Dhamma Brothers film:

THE DHAMMA BROTHERS documents the extraordinary convergence of an overcrowded, understaffed maximum-security prison -- considered the end of the line in the Alabama correctional system -- and an ancient meditation program. East meets West in the Deep South.

Donaldson Correctional Facility is situated in the Alabama countryside southwest of Birmingham. 1,500 men, considered the state’s most dangerous criminals, live behind high security towers and a double row of barbed and electrical wire fences.

Yet within this dark environment, a spark was ignited. A growing network of men was

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Excerpts from an article on collaborative divorce trend

Excerpts from "Capital Region lawyers get feet wet with collaborative divorce trend":

A group of at least 25 matrimonial lawyers is trying to forget their experiences with divorce proceedings and replace them with a new process: collaborative divorce.

They're joined by financial advisers, mental health professionals and others aiming to establish a concept in the Capital Region that's already in place elsewhere in the state and nation.

Following an April 4 and 5 seminar, the participants will pursue a divorce method designed to keep couples out of the court system. And they expect to save themselves

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Party Directed Mediation: Helping Others Resolve Differences by Gregorio Billikopf—Download for free

Differences From the Web site where you can download the book for free, or order hard copy for the cost of postage:

Party Directed Mediation: Helping Others Resolve Differences is an effort to present practical, sound, research-based ideas hopefully leading to the improved management of deep-seated interpersonal conflict. While many of the concepts where originally developed through research in agriculture and agri-business firms, the method (Party-Directed Mediation) has since drawn the interest of a wide range of people from women's groups, churches, attorneys, and mediation centers throughout the world. The methods used require more time than traditional mediation, but are particularly well suited to volunteer mediators, intercultural conflicts where issues of saving face are important, and other conflicts where emotional factors are high. This approach is especially geared to help parties who will continue to live or work together after the mediator goes home, and need to learn interpersonal negotiation skills for handling future differences.

Skoll World Forum being blogged and taped: You can "attend" these excellent programs

The only expenditure is your time. Last year I watched some of the programs; they were terrific and well worth that time.

Read what is going on at the conference on social entrepreneurship here.

Video will be available here.

Today's topics include:

Enjoy the programs!

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