how to learn more from every mediation

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How to Learn More From Every Mediation Zeke Reich ADR Specialist [email protected] May 9, 2012

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How to Learn More From Every Mediation. Zeke Reich ADR Specialist [email protected] May 9, 2012. How to Learn More. “Try to be one of the people on whom nothing is lost!” -Henry James. “Deliberate practice”. Research on expert musicians and athletes: - PowerPoint PPT Presentation

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Page 1: How to Learn More From Every Mediation

How to Learn More From Every Mediation

Zeke Reich

ADR Specialist

[email protected]

May 9, 2012

Page 2: How to Learn More From Every Mediation

How to Learn More

“Try to be one of the people on whom nothing is lost!”

-Henry James

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Page 3: How to Learn More From Every Mediation

“Deliberate practice”

• Research on expert musicians and athletes: Expertise comes not just from the number of hours you practice, but how you deliberately challenge yourself to get better (Ericsson 2006)

• “Only perfect practice makes perfect.” – Vince Lombardi

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Page 4: How to Learn More From Every Mediation

Deliberate Mediation Practice

• Before the mediation

• During the mediation

• After the mediation

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Page 5: How to Learn More From Every Mediation

After the mediation1. Choose a critical event to focus on.

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Page 6: How to Learn More From Every Mediation

Critical Event

A moment when…

the mood suddenly improved?

one of the parties got angry?

your co-mediator gave you a puzzled look?

something unexpected happened?

you felt surprised?

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Page 7: How to Learn More From Every Mediation

Zeke’s Critical Event

7

Bob threatens

to walk out

Alan Bob

Zeke

!!!!

Page 8: How to Learn More From Every Mediation

After the mediation1. Choose a critical event to focus on.

2. Find a “move” you made that led to that event.

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Page 9: How to Learn More From Every Mediation

Interaction (Mediation Session, etc)

Someone says/does something

Someone says/does something

Someone says/does something

Someone says/does something

……

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Page 10: How to Learn More From Every Mediation

Zeke’s Critical Event in Context

Zeke said, “Just checking

the box?”

Alan said “Yes”

Bob threatened to walk out

Zeke was surprised

……

Critical event

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Zeke’s “Move”

Page 11: How to Learn More From Every Mediation

A “Move”

11

Zeke said, “Just checking

the box?”

Zeke’s “Move”

A “move” is an action (something said or done) in order to reach a goal.

It can also be called an action with an intention.

Page 12: How to Learn More From Every Mediation

I want to be friendly

Intentions

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Intentions can be either conscious or implicit.

Specific intentions fit into our larger models of

how to act.

“Hi, Rob!”

“I should be a nice person.”

Page 13: How to Learn More From Every Mediation

Zeke’s Critical Event in Context

Zeke said, “Just checking

the box?”

Alan said “Yes”

Bob threatened to walk out

Zeke was surprised

……

Critical event

13

Zeke’s “Move”

Page 14: How to Learn More From Every Mediation

After the mediation1. Choose a critical event to focus on.

2. Find a “move” you made that led to that event.

3. Map the move.• What impact did it have?

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Page 15: How to Learn More From Every Mediation

Mapping the Move: Impact

Zeke said, “Just checking

the box?”

Alan said “Yes”

Bob threatened to walk out

Zeke was surprised

……

Critical event

15

Zeke’s “Move”

Page 16: How to Learn More From Every Mediation

Mapping the Move: Impact

Zeke said, “Just checking

the box?”

Alan said “Yes”

Bob threatened to walk out

B thought, “A doesn’t

care!”

Bob heard Zeke &

Alan

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Zeke’s “Move”

The impact of the move

Page 17: How to Learn More From Every Mediation

After the mediation1. Choose a critical event to focus on.

2. Find a “move” you made that led to that event.

3. Map the move.• What impact did it have?• What were the intention(s) behind it?

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Page 18: How to Learn More From Every Mediation

Empathy

Being liked

Mapping the Move: Intentions

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Zeke said, “Just checking

the box?”

Zeke’s “Move”

Alan said, “This won’t be helpful!”

Zeke wanted to build

rapport with A

Zeke trying to make Alan like

him

Zeke didn’t want to

alienate BobImpartiality

Page 19: How to Learn More From Every Mediation

Mapping the Move

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Being liked

Zeke said, “Just

checking the box?”

Zeke’s “Move”

Alan said, “This won’t

be helpful!”

Zeke wanted to

build rapport with A

Zeke trying to make Alan like

him

Zeke didn’t want to

alienate BobImpartiality

Bob threaten

ed to walk out

B thought, “A doesn’t

care!”

Bob heard

Zeke & Alan

Critical event

EmpathyAlan said “Yes”

Values Intentions Actions Impact

Page 20: How to Learn More From Every Mediation

After the mediation1. Choose a critical event to focus on.

2. Find a “move” you made that led to that event.

3. Map the move.• What impact did it have?• What were the intention(s) behind it?

4. Assess the move.• Did its impact match the intentions behind it?

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Page 21: How to Learn More From Every Mediation

Did impact match intention?

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Being liked

Zeke said, “Just

checking the box?”

Zeke’s “Move”

Alan said, “This won’t

be helpful!”

Zeke wanted to

build rapport with A

Zeke trying to make Alan like

him

Zeke didn’t want to

alienate BobImpartiality

Bob threaten

ed to walk out

B thought, “A doesn’t

care!”

Bob heard

Zeke & Alan

Critical event

EmpathyAlan said “Yes”

Page 22: How to Learn More From Every Mediation

After the mediation1. Choose a critical event to focus on.

2. Find a “move” you made that led to that event.

3. Map the move.• What impact did it have?• What were the intention(s) behind it?

4. Assess the move.• Did its impact match the intentions behind it?• Am I satisfied with the intentions and models behind it?

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Page 23: How to Learn More From Every Mediation

Satisfied with intentions/models?

23

Being liked

Zeke said, “Just

checking the box?”

Zeke’s “Move”

Alan said, “This won’t

be helpful!”

Zeke wanted to

build rapport with A

Zeke trying to make Alan like

him

Zeke didn’t want to

alienate BobImpartiality

Bob threaten

ed to walk out

B thought, “A doesn’t

care!”

Bob heard

Zeke & Alan

Critical event

EmpathyAlan said “Yes”

Page 24: How to Learn More From Every Mediation

After the mediation1. Choose a critical event to focus on.

2. Find a “move” you made that led to that event.

3. Map the move.• What impact did it have?• What were the intention(s) behind it?

4. Assess the move.• Did its impact match the intentions behind it?• Am I satisfied with the intentions and models behind it?

5. Make instructions for next time.

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Page 25: How to Learn More From Every Mediation

Instructions to Myself

The next time…

I’m trying to build rapport with a disengaged party but also want the other party to stay present:

I will stick more closely to the parties’ words when I paraphrase.

I start a mediation: I will make more small talk early on rather than try

to empathize with a disengaged party.

I feel myself acting in order to “make a party like me:” I will try to catch myself and stop acting that way!

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Page 26: How to Learn More From Every Mediation

After the mediation1. Choose a critical event to focus on.

2. Find a “move” you made that led to that event.

3. Map the move.• What impact did it have?• What were the intention(s) behind it?

4. Assess the move.• Did its impact match the intentions behind it?• Am I satisfied with the intentions and models behind it?

5. Make instructions for next time.

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Page 27: How to Learn More From Every Mediation

Deliberate Mediation Practice

• Before the mediationo Remember the instructions you gave yourself last timeo Think about your overall model and values

• During the mediationo Closely observe everything

• After the mediationo Reflect

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Page 28: How to Learn More From Every Mediation

After the mediation1. Choose a critical event to focus on.

2. Find a “move” you made that led to that event.

3. Map the move.• What impact did it have?• What were the intention(s) behind it?

4. Assess the move.• Did its impact match the intentions behind it?• Am I satisfied with the intentions and models behind it?

5. Make instructions for next time.

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Page 29: How to Learn More From Every Mediation

Further Reading

• Argyris & Schön (1974), Theory in Practice• Ericsson (2006), “The Influence of Experience and Deliberate Practice…”

in The Cambridge Handbook of Expertise and Expert Performance• Kressel (2006), “Mediation Revisited,” in The Handbook of Conflict

Resolution• Lang & Taylor (2000), The Making of a Mediator• Marsick et al (2006), “Learning Through Reflection,” in The Handbook of

Conflict Resolution• Morrissette (2001), Self-Supervision• Patton (1985), On Teaching Negotiation• Peppet and Moffitt (2006), “Learning How to Learn to Negotiate,” in The

Negotiator’s Fieldbook• Schön (1983), The Reflective Practitioner

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Page 30: How to Learn More From Every Mediation

Questions?

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Page 31: How to Learn More From Every Mediation

How to Learn More From Every Mediation

Zeke Reich

ADR Specialist

[email protected]

May 9, 2012