SHARE:  

TAPM Newsletter

December 2023

Note from the Board


Greetings, TAPM mediators!


We hope that you're staying warm as cold weather settles in across the state. The past year at TAPM has been an exciting time of growth and change. Members are engaging with our new website and we are delighted to see people updating their profiles and adding pictures. Our Speaker Series has brought fantastic guest speakers, including Christina McGhee, Stephen Shields, Peter Robinson, Carol Bloom, Dan Mortimer, Lisa Yamagata-Lynch, Brooke Wichmann, and Duren Thompson. They have covered topics like apology and forgiveness, addressing co-parenting conflict, marketing, ethics and forms, and ways to honor dignity for the people who we serve. Our Annual Seminar addressed ways that mediators can promote justice, peace, and community restoration to build alternatives to violence. We have also held two Skill-Building Workshops that provided attendees with a practical workbook and also created opportunities for mediators to connect with and mentor each other. Bringing high-quality, useful speakers to mediators across the state is a passion for us at TAPM and we look forward to another year of pursuing excellence in programming. As always, we welcome your ideas and suggestions.


As we contemplate our resolutions for the upcoming year, let's collectively strengthen our dedication to promoting the precious gift of peace. Each mediation session is an opportunity to contribute positively to the lives of those we serve, and we firmly believe that this work leaves a lasting impact on both individuals and communities. Here's to a month of successful resolutions, fruitful collaborations, and the continued pursuit of excellence in our field.


Wishing you and your loved ones a peaceful winter season and a new year filled with professional fulfillment and personal joy,



The TAPM Board

True peace is not merely the absence of war, it is the presence of justice.”

 -Jane Addams

News & Updates

Thank You To Everyone Who Attended TAPM Speaker Series Presents Presents: Lisa Yamagata-Lynch, Brooke Wichmann, and Duren Thompson

Our December Speaker Series event featured Lisa Yamagata-Lynch, Brooke Wichmann, and Duren Thompson. This event lasted for 90 minutes and included breakout room exercises. The speakers explored the concept of dignity and how it is related to building trust and understanding between people in conflict. They discussed how violations of dignity often lie at the heart of conflict, and how those can be addressed in a constructive way.


It was approved for CME and CLE credit. The recording of this event will soon be available to TAPM members on our website!

It isn’t enough to talk about peace. One must believe in it. And

it isn’t enough to believe in it. One must work at it.

-Eleanor Roosevelt

Negotiation is Stimulating Communication 

by Marc Harwell

Achieve Understanding

George Bernard Shaw astutely commented that “the single, biggest problem with communication is the illusion that it has taken place.” How do you break through the illusion and enter the world of effective persuasion? Questions Are Crucial Before 400 BC or more than 2,400 years ago, Socrates taught Plato and other students by using questions to get the students to provide the answers. The teacher’s effective use of questions stimulates thoughtful discussion, probes perspectives and assumptions, fosters original and creative thoughts, and promotes a greater understanding and awareness of problems and inconsistencies.


In many law schools, the Socratic method of teaching students by asking questions rather than providing answers has been effectively used because it develops critical thinking, serves as a good introduction to effective cross-examination, and develops public speaking skills. I well remember my first year of law school more than 34 years ago when a Contracts Professor used an effective line of questioning to walk one of my classmates off the plank of what he considered to be a reasonable position and into an abyss of the illogical – certainly made me think more carefully before answering a question or taking a position that didn’t recognize reasonable alternatives.


Assuming that the parties are motivated to truly participate in a reasoned discussion, are prepared for such a discussion, and are capable of staying engaged, the successful negotiator using a Socratic method of questioning can facilitate conflict resolution by getting parties who are adverse to one another to change (or at least appreciate) perspective or understand a different point of view, accept (or at least realize) an alternative line of reasoning, and be a part of creating a solution.


According to the Oxford Dictionary of English, “resolucioun” in Middle English usage beginning at around 1412 meant “a breaking into parts.” We break down problems, issues, disputes, etc. into parts to get to the truth. Interestingly, resolution is akin to resolute which means the “power of holding firmly.” (See “Resolving ‘Resolution’” by Rosa Menkman). How can you get adversaries who are resolute in their positions to bend, modify, adjust, and perhaps even accept? The same steps apply to negotiating any deal.


I like to think of visual resolution - how well an image, color, and light are revealed. Through effective questioning, we get to a clearer understanding by breaking fixed thoughts, conceptions, and ideas into parts that we can reassemble into a new and enlightened state after we have adjusted perspectives. Consider this point in the context of the following story told in “Mindfulness Hurts. That’s Why It Works” by Arthur C. Brooks published on May 19, 2022 in The Atlantic:


Some years ago, a friend told me that his marriage was suffering because he was on the road so much for work. I started counseling him on how to fix things—to move more meetings online, to make do with less money. But no matter what I suggested, he always had a counterargument for why it was impossible. Finally, it dawned on me: His issue wasn’t a logistics or work-management problem. It was a home problem. As he ultimately acknowledged, he didn’t like being there, but he was unwilling to confront the real source of his troubles.


Both the learned Counselor and the Counseled held firmly to a belief that the time on the road away from family was related to something other than the root cause of the problem, i.e., a problem with the family. Apparently, the friend Counselor started with incorrect assumptions that perhaps the friend Counseled unwittingly led him to believe rather than come to grips with the root cause of the problem.


The point is that resolving problems, issues, and disputes and attaining goals are most effectively achieved by a root cause analysis that begins with open ended questions, a discerning ear to listen, and a willingness to jettison assumptions. From another perspective, telling someone what to do, how to do, and when to do something is not as effective as getting that person to actively think of their own solution to a problem, issue, dispute, or goal. And by asking effective and thoughtful questions and truly listening to the answers, the effective negotiator and counselor lessens the risk of being perceived as biased or prejudiced and preserves the appearance (appearances matter) of neutrality.


Consider the following Socratic questions to negotiate a winning result: Please help me understand how …. Not, Why. Sincerely follow up with, What else?


When asking the questions, you must be sincere, and the party that you are questioning must believe that you are sincerely interested for the questioning to work:


Would you do me the favor of further explaining?

Can you imagine an alternative(s)?

Tell me what you perceive to be the negatives to your position?

Your smart: can you come up with any negatives to your position?

Will you list them for me? What else?

What are the positives to your adversary’s/competitor’s position? What else?

What are your greatest concerns about your position? Surely you have at least one concern?

If you were in your adversary’s/competitor’s position, what would you do or say to best address this issue or concern?


In short, listen.

Upcoming TAPM Events

TAPM Speaker Series Presents

The Hon. Douglas C. Mintz (Ret.): Views From The Bench


February 5, 2024 (11:00am-12:-00pmCT, 12:00-1:00pmET)

Online via Zoom

At 11amCT/12pmET: Join us for “Perspectives From the Bench,” an insightful and informative event designed to bridge the gap between mediators and the legal system. Led by a retired judge, this interactive event offers a unique opportunity for mediators to gain valuable knowledge about navigating the complex dynamics between judges, attorneys, and mediators. By sharing personal experiences and insights, the former judge will shed light on what approaches and strategies are effective, as well as those that may not yield favorable results. Attendees will come away from this event with a deeper understanding of the intricacies involved in working with judges and attorneys, enabling them to enhance their mediation skills and effectively navigate the legal landscape.

 

This event will be followed at 12pmCT/1pmET by our regular TAPM Member Meeting. We hope you can join us for networking and fellowship!

 

1 hour of general CME/CLE pending.



Speaker Bio:

Doug has acted as the mediator in numerous disputes ranging from complex business disputes to product liability. The disputes have included personal injury matters that resulted from motor vehicle accidents and slip and falls. One nine-hour mediation, conducted over Zoom, included 32 participants two of whom were self-represented. Due to all the participants’ patience and perseverance, the dispute came to a successful resolution.


Doug has developed and adapted his mediation practice in the age of COVID-19 and found that online dispute resolution is as effective, if not more effective, than in-person mediations.


Doug is a member of the National Academy of Distinguished Neutrals and became a Panelist, as an Arbitrator and a Mediator, for the American Arbitration Association.


For most of his judicial career, Doug served as the Presiding Judge for Civil Matters in Stamford and Danbury, CT. He regularly encountered truly vexing conflicts in both the legal and emotional dimensions, and developed a unique approach to working those situations that he now brings to his clients.


Doug was appointed to the Superior Court in 1993 and served as the Civil Presiding Judge and the Assistant Administrative Judge for the Judicial District of Stamford/Norwalk, and as the Administrative Judge and the Civil Presiding Judge for the Judicial District of Danbury. Prior to his service on the bench, he was a State Representative from Norwalk (1987-1992) and served as the Vice-chair of the Judiciary Committee for most of that time.


As a Judge, in 2008, Doug worked collaboratively with the Legislature to craft legislation that created the Foreclosure Mediation Program (the first statewide mediation program in the nation). This Mediation Program was created in response to the mortgage foreclosure crisis of 2007-08 and helped thousands of families retain their homes.


From his many years on the Bench, Doug has learnt that deep dedication to the values of human dignity and creative thinking, combined with the rigorous and fair application of factual analysis, almost always clears the way for successful dispute resolution.


Doug served as Chair of the ABA Section for Dispute Resolution for 2 years. He speaks at legal community virtual events on various topics, including online dispute resolution.



To register for this event, click this button:

Register for Event

Save The Date

TAPM Speaker Series Presents: Zena Zumeta


Monday, March 4, 2024

(11:00am-12:-00pmCT, 12:00-1:00pmET)

Online via Zoom

Save the date for this TAPM Speaker Series event! Zena Zumeta will be discussing attorneys in mediation and the pre-mediation preparation that helps to make conflict resolution processes successful. Registration will be open in 2024!

TAPM Annual Seminar: Emerging Trends in Mediation


Friday, April 5th, 2024

(8:00am-3:30pmCT, 9:00am-4:30pmET)

Online via Zoom

Save the date for the Annual TAPM Seminar. This event will take place over Zoom and our expert speakers will tackle issues like emerging use of AI in mediation, ethical issues in co-mediation, online dispute resolution processes, national mediation certification, and joint session vs caucus work. Registration will be open in 2024!

Connect with TAPM Online

If you haven't already found us online, check out our social media pages. We would love to hear from you about your mediation practice or mediation opportunities including training, connections and presentations. Check back regularly for updates on upcoming events!

LinkedIn
Website
Facebook

Visit our website to renew membership, or join and pay your TAPM dues online.



$100.00 for one year: Professional Member

$50.00 for one year: Nonprofit Mediator/Student Member

Dues are renewable one year from your last renewal.

News to share? Upcoming Events that would be of interest to TAPM mediators? Job openings you’d like to promote? Email submissions for upcoming TAPM newsletters to jen.comiskey@2mediate.org