I agree Nicole. The intake meeting provides a deep understanding of the parties and where they are on the emotional scale. It has far more value for the mediator than anything gleaned in a private caucus during the mediation. The intake session is pure gold for the mediator.
I am really astonished - a surgeon would not just review the medical papers without meeting the patient before surgery nor would a barrister just review the brief without meeting their client before appearing for them in court. The human element is at the core of any professional engagement including mediation.
I suspect the legal profession has a long history of the de-personalising conflict negotiations which is why they culturally struggle with the human element. It is partly why it has tried to colonise the mediation profession and render its processes in its own de-humanised image.
It once took me nine months of separate intake sessions just to get the parties into the same room for a complex estate dispute. It would not have succeeded without this preparation.
There is the old legal saying that success in the law is 90% preparation and 10% talent. The same applies to mediation.
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Greg Rooney
Greg Rooney Mediator
Bridgewater SA
0405 612 789
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Original Message:
Sent: 26-11-2020 07:57 AM
From: Nicole Davidson
Subject: Parties negotiate in the head but settle in the heart – Mediators need to connect with both
I agree with your comments on the importance of the intake session Greg. It surprises me how much resistance there can be from laywers to a pre-mediation session. Being able to do these over Zoom seems to be breaking down that resistance. I'm also hearing anecdotally that there are a number of commercial mediators who don't even include an intake in their process other than to review the papers.
The intake session is a great place for the parties to begin the process of understanding movement will be necessary and making them more comfortable with that idea when they come together in joint session.
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Nicole Davidson
Mediator and Facilitator
Nicole Davidson Negotiation
Malvern VIC
0403 523 700
Original Message:
Sent: 25-11-2020 11:50 AM
From: David Mitchell
Subject: Parties negotiate in the head but settle in the heart – Mediators need to connect with both
Great topic Greg. Apologise for not attending your Adelaide dissertation. Any precis or slides available?
David
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Original Message:
Sent: 11/24/2020 2:58:00 AM
From: Greg Rooney
Subject: Parties negotiate in the head but settle in the heart – Mediators need to connect with both
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Greg Rooney
Greg Rooney Mediator
Bridgewater SA
0405 612 789
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