Resist Resistance

What you know at the start of a mediation session is very different from that at the end.

This is why and when you ought to wait to decide what’s possible.

Parties want the process to be over quickly, but that’s usually antithetical to reaching the best outcome.  Prepare yourselves and/or your clients for the time it takes to mediate;  to give parties the chance to exchange positions (arguments), reason through them, their choices and their consequences, and make well-informed decisions.

Along the way, you should be able to trust that your mediator – a neutral – is working through that reasoning with you.  Be open to his/her questioning and challenges, and try to resist becoming closed or defensive to disagreeable discussions.  You may be moved beyond your expectations and comfort zone, but it’s to help you consider all possibilities and which is best for you.

The end result should be an outcome earnestly arrived at on terms you’ve reasoned are in your best interest.

About Maria Hanna Joseph

Maria Hanna Joseph is Principal of Joseph Mediation. Her 25 years of experience in employment law, include 16+ of work and mediating for the Massachusetts Commission Against Discrimination which through which she has gained valuable insight into the MCAD, its practices and decision making. This, as well as her experience in plaintiff and defense litigation, with private and public sector clients, international and local business concerns, and in issues from harassment and discrimination, to noncompetition agreements, business operation, transgender workplace matters, retaliation and many others, lend her valuable perspective for understanding and mediating an array of legal and personal issues. In terms of volume, Maria has served more than 2,000 cases. Maria's practice has been honed with study of mediation at Harvard Law School's Program of Instruction for Lawyers, negotiation at Harvard Law School's Program on Negotiation, and in the disciplines of Transformative Mediation and Family/Domestic Mediation, which are significant assets in managing the personal nature of employment disputes, and conflict in general. Attorneys and parties know Maria as candid, pragmatic and persevering in her commitment to help them achieve meaningful settlements while keeping sight of their most important interests. The insight and creativity afforded by her experience and training are realized in the resolutions that manifest. These qualities, along with her demeanor and the trust she engenders, have earned Maria a reputation for being able to manage highly tense and fraught situations and individuals, and settle a wide variety of disputes and tough cases.
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