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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
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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
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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.
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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
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