joseph mediation
mediation explained
why mediate
faq
newsletter
credentials
arrangements
contact us

EAST
34 Mechanic St.
Worcester, MA 01608
508 799.2099

Boston
617 737.0800

WEST
12963 Runway Rd.
Suite 321
Los Angeles, CA 90094
310 215.0644

info@JosephMediation.com

Published 09-03-2006

Since disputes and disagreements are inevitable and often costly, especially in business, our e-Newsletters offer ideas and information, briefly, that help you save time and money in resolving matters efficiently.

We hope that our e-Newsletters are a helpful resource for you.

Wishing you every success,

Maria H. Joseph, Esq.

Principal



by Maria H. Joseph, Esq.|Published 09-03-2006

Recently, I encountered an obstacle to settlement that I face as a mediator from time to time.  I had come back to the plaintiff, pleased to convey that defendants had countered with exactly what she wanted. Much to my surprise - and hers - she reacted with trepidation over the reality of actually settling and being through with the controversy.

This "Resistance to Finality" is not all that uncommon because, sometimes, it really isn't all about the money.

Often, a plaintiff is attached to the existence of a complaint because it provides one of the 3 vital V's: Visibility (Pay attention to me), Validation (Take me seriously), or a Venting channel (Let me tell you why). The importance of those V's often doesn't surface for the plaintiff until s/he is faced with an option that effectively requires letting them go.

Others may generally relate to this when grappling with how to resolve a conflict, be it over a workplace, business or even personal dispute (e.g., substitute "Vindication" for "Validation").  After all, it's not easy laying down swords when one's principals are challenged, is it?

It is helpful to identify, and even anticipate, this resistance as a potential barrier to reaching resolution.

Be sure to raise or face the issue early.  Ready yourself and other parties for the reality of resolution.  Doing so will help all be prepared to act on their well-reasoned decisions.

© Copyright 2005-2006 Maria Hanna Joseph and Joseph Mediation. All rights reserved.



by Maria H. Joseph, Esq.|Published 09-03-2006

April 11, 2006,  6 p.m. - 8 p.m.
Center for Women and Enterprise, Worcester, MA
Presenter, "Business Negotiation Fundamentals"


April 26, 2006 1 p.m. - 2 p.m., Springfield, MA
April 27, 2006 1 p.m. - 2 p.m., Worcester, MA

Presenter, "Optimizing Mediation Settlement Opportunities"
  • Specific, practical observations and suggestions to help make the most of opportune settlement sessions. Straightforward advice on:
  • Honing a mediation mindset
  • Party preparation for joint and private caucuses
  • Who and what to bring - or not
  • How to progress the negotiation
  • Ways to prepare, deliver and respond effectively to proposals, counter proposals
And more...
Worcester Host: Worcester County Bar Association, Labor & Employment Law Section   Location: Worcester County Superior Court, Room 18

Springfield Host: Hampden County Bar Association,    Mediation and Arbitration Committee                 Location: TBA


May 16, 2006, Bar Day

Mediator, Live Role Play Mediation

Intellectual Property/Employment Law dispute involving a termination that raises issues over trade secrets and the enforceability of a non-compete agreement.

Co-Presentation by Alternative Dispute Resolution Section & Intellectual Property Committee:  "ADR – Integral to the 21st Century Practice of Law"

Host: Worcester County Bar Association, Bar Day Committee

Location: Crowne Royal Plaza, Worcester, MA

May 17, 2006, 1 p.m. - 2 p.m.

Presenter, "Corporate Interpersonnel Negotiating & Conflict Management"

Focus: Interpersonnel Negotiation, Conflict Avoidance/Resolution Approaches, Training

Host: Central Mass. Employers Association, Luncheon Roundtable

Location:  Marlborough, MA






Categories

Recent Articles