Your Mediation Readings - Weekend #2

Date: 08/08/2020: Every Saturday / Sunday, I will highlight a few mediation articles / writings that have helped me in my reflective practice. Hoping this helps you too...

ONE:

"Psychologists who have researched deadlines have found that better task performance – or the completion of negotiations in the context of international politics and diplomacy – can, in part, be explained by the fact that individuals and groups become increasingly aware of the potential costs of a failure when a deadline is imminent..." - Sabrina Weiss

My View: We have seen negotiators use delay tactics in an attempt to stall decision-making, introducing external hurdles and roadblocks, washing their hands of the responsibility and keeping the ball in the stands – not in their court or the other side, waiting and watching. In high stake negotiations, the other side is equally aware and prepared to tackle such tactics. Therefore, a good negotiator will keep reasonable and strategic deadlines to meet the end.

TWO:

Slater and Gordon employment lawyer Danielle Parsons said: It is categorically wrong for a manager or anyone in a position of power to suggest, even politely, for a woman to be more sexually appealing in the workplace. This is a powerful form of coercion which makes women feel as if they must adhere to the manager’s request and be more visually pleasing to be successful at their job. This is demeaning to women.

My view: It is important to debate this as most of our work lives have now moved to an online / virtual space and workplace abuse / harassment has now taken a different shape and form. Workplace mediation now has a whole different complexity of disputes.

THREE:

Online and Hybrid mediation (people both online and in person) are attractivefor international mediations and allow mediators to be more accessible across jurisdictions.

My view: I am not surprised by the findings of this international survey. There are apprehensions about consistency in technology, data safety and lack of a personal touch in interactions, but we are all getting used to the online / virtual world. Watch out for a series of webinars, talks and creative content on private mediation soon.

FOUR:

"I am sure that my own presence was also significant, as I took my position between the participants and the organisers. I was aware of my own body and the effects it might have. I walked around the room, sometimes shortening the space between myself and speakers. I used my hands, my arms and my eyes. This work was physical, and it mattered, as I was to a degree responsible for making the best of the physical space we were all within."

- Greg Bond

My view: The nuances of the virtual / online world demand a more delicate and sophisticated approach from the neutral. There is less room for error now. The focus is on what you say – and it cannot be manipulated by body language. Therefore, strategic planning and consistent practice is crucial to presenting oneself effectively in a mediation.