Face To Face Dynamics Factor Significantly

TransFace to Faceitioning from conflict to resolution involves a lot of give and take, not the least of which is the giving and receiving of information.

Although there are circumstances that practically call for someone’s exclusion from settlement discussions, they are exceptional.  Face to face communicating often can not only provide a cathartic (settlement-enabling) opportunity, it can also be most informative.  

We learn from birth to inform and be informed by gestures, tones and facial expressions.  These are part of the dialogue, and communication in their absence leaves out some of the most vital parts of the exchange.  Itcan be the very cause of a mediation breaking down or failing to get off the ground in the first place.

The importance of settling, finality and avoiding litigation and all of the other potential benefits mediation offers should not be undermined by foregoing or underestimating the investment of personal participation.  Do not, therefore, be easily discouraged or overly pessimistic about the prospects of mediation leading to settlement.

Personal dynamics ought to be given their chance to have an impact at the table.

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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