Difficult Questions in Mediation and Conflict Coaching

As a mediator and conflict coach in New Mexico, I am often confronted with how to question my clients so as to best explore an issue or dispute “trigger.” 

Conflict coach Woody Mosten frames it as getting to the “dangerous questions.”  He calls them dangerous because they require lots of honesty, sensitivity, and a willingness to work through issues.  They also require that you have already built up sufficient trust

Neuroscience, Emotions and Conflict Resolution

As a mediator in New Mexico, I strive to keep apprised of current literature and emergent theories in the mediation field.  One exciting trend is the rise of growing understanding of the importance in neuroscience and emotions in the field of mediation.  These trends are highlighted in the Summer 2011 ACResolution Quarterly Magazine, in a number of excellent articles I'd like to summarize here.

Court Abused Contempt Powers in Crowd Control

As an arbitrator and hearing officer/ALJ in New Mexico, I am occasionally confronted with the issue of proper use of contempt and contempt-like powers.  I have from time to time been frustrated with the arbitrator and hearing examiner's relative lack of powers to compel compliance.  However, reading a recent New Mexico court decision, it occurred to me without such powers we are also insulated from their potential abuse in heated situations. 

On Perceptions of Justice

As a professional "neutral" (mediator and arbitrator) in New Mexico, I am keenly interested in due process, fair hearings and equal access to justice.  In 2008, the ABA Judicial Division Lawyers conference began a multi-year "Perceptions of Justice" (POJ) project to address concerns over public perceptions as to how the judicial system handles race and ethnicity, and its first phase has now completed. This blog post discusses the recommendations, findings and observations of six separate "town hall meetings" held across the nation from February 2009 to February 2011, as part of Phase 1.

Great Quotes on Writing from the Writing Greats

I am an arbitrator, mediator, fact-finder and ALJ/hearing examiner in New Mexico, and I spend a sizable portion of my work day writing.  It is both a labor of love, and a difficult task which I sometimes dread and with which I always struggle. That is because, although I love writing "right"--meaning I love the feeling of accomplishment and pride of looking upon a well turned out produce--it is hard work getting there.  Perhaps many of you feel the same.  Haven't you had the feeling where you're completely, psychically "done" after your outline, after figuring out where you need/want to go and how to get there? Unfortunately, our work is only begun at that point.  

On the positive side, however, the literary greats are all in general agreement that it is a difficult task, even for them.  As Mark Twain observed, "[t]he supreme function of language is to convey ideas and emotions."  Four characteristics necessary to meet this function

The Three Rs of an ALJ--The Record, the 'Rriting, and the Remedy

In administrative law, there are three basic points of focus for the Administrative Law Judge (ALJ) or hearing official to consider, in fulfilling his or her role of conducting a hearing and rendering a decision.  I'll call these "the Three Rs:"  the Record, the "'Riting" and the Remedy.

In conducting the hearing, the ALJ must consider the extent and nature of the record to be made.  In issuing his or her decision (or recommendations) the ALJ must consider the relevant standard and audience of the written decision, and what is the appropriate remedy in a given case.  In many cases, these considerations will depend on the relevant law, or the culture or practice within the agency.  The following also addresses a number of additional questions that will frequently arise in creating the record, writing the award or crafting a remedy. 

ADR Terms, Theories and Concepts - A Quick Primer

The field of Alternative Dispute Resolution (ADR), which has grown dramatically in the last several decades, can be a rather crowded and confusing one. It is marked by a dizzying array of terms and theories, and styles and techniques, all hotly debated as to both their specific meaning and their relative value or "authenticity." Moreover, even when practitioners discuss and debate ADR issues amongst themselves they are not always clear on the definitions or theories they are relying on. Accordingly, clients and new mediators may be well served by the following "basic primer" of terminology and theory, laid out in alphabetic order.