Tennessee Administrative Office of the Courts

Advanced Methods for Identifying and Moving Beyond Obstacles to Settlement - Nina Meierding - Presenter

Date / Time: 
February 21, 2013 - 8:00am - 4:30pm
Event Type: 
Mediation Courses

Diagnosing Sources of Resistance
In order to correctly strategize how to move through impasse, one must first identify possible sources of resistance.  Our morning session will discuss many sources including mismanagement of expectations, externalities, emotionality, self serving bias, confirmation bias, Boulewarism and the endowment effect and we will explore how to discover these sources through macro and micro focusing, active listening, and strategic questioning.

1.25 Hours of General Mediation Issues

“Setting the Stage” – The Beginning Impacts the End
This section will focus assessing readiness and evaluating client levels of reactive devaluation, commitment, focus and listening abilities. We will then discuss proactive techniques in convening, mediation design, and in the opening statement that will prevent many forms of impasse from developing.

1.75 Hours of General Mediation Issues

Moving Beyond Impasse
The entire afternoon will focus on specific techniques to break impasse, including anchoring, reframing, reality testing, engagement, situational rules of fairness, outside opinion, linkage, unilateral concessions, unbundling, temporary agreements, offer matching, and non-specific compensation.  We will customize the strategies to the source of resistance.

1.75 Hours of General Mediation Issues

Moving Beyond Impasse (Cont.)
See above for course description

1.25 Hours of General Mediation Issues

Lipscomb University
Institute for Conflict Management, 3rd Floor
Nashville, TN 36° 10' 0.0012" N, 86° 46' 59.9988" W