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We all use negotiation as a tool to get what we want, and most legal cases (some say about 95%) are settled through negotiation. Get some good tips from Mike Frascogna, Jr., author of The Lawyer’s Guide to Negotiation. I thought you might enjoy this article from the e-newsletter, YourABA. The complete article can be viewed at:  Anne Isbell Anne Isbell, Executive Director of the Community Mediation Foundation of Huntsville, and Vice Chair for the Alabama Supreme Court Commission on Dispute Resolution, is an expert in training students to handle conflict without violence. Anne has worked with schools in Huntsville, Opelika, Montgomery, Scottsboro and other Alabama cities, and has accumulated proof that peer mediation will change the climate in a school. During peer mediation training, students learn about the causes of conflict and the rules for fair fighting. They are taught to attack the problem not the person, and to brainstorm for solutions that satisfy. Students who are trained to be mediators are able to facilitate discussion about the real issues that concern those in conflict. They learn to come to the table and lead the negotiation for resolution. Peer mediators become leaders, facilitators, peacemakers. To learn more about peer mediation or to contact Ms. Isbell about having peer mediation in your school, visit our new postings at the website www.alabamaadr.org The value of mediation is often not in statistics or case management success, though these are important, but in the way it impacts the lives of parties caught up in conflict that consumes their time, money, energy, and emotions. When conflicts arise, we in the legal profession set our sights in the law, the rules, the precedent. But, at the center of every conflict there is a place for man’s better nature to break through and for grace to abound. That place may just be a seat at the mediation table. To borrow a phrase and sentiment that our second president and able barrister John Adams used regarding the drafters of the Constitution: these are settlements facilitated by “good heads prompted by good hearts.” The ABA Journal maintains a Blawg Directory on a multitude of topics. To read through those on Alternative Dispute Resolution, go to www.abajournal.com/blawgs/alternative+dispute+resolution. |
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