Archive for the 'The Business of Engaging Conflicts' Category


“Making the Most of Your Time: Going Beyond To-Do Lists”– EngagingConflicts.com

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Rajesh Setty is an entrepreneur and investor based in Silicon Valley who also maintains a popular blog called Life Beyond Code. I visit it periodically to catch up on ideas I consider helpful for developing professional and business success (just as I periodically visit Guy Kawasaki’s How to Change the World blog). Rajesh writes directly for technology professionals but the principles apply for all professionals. I came across his article Making the Most of Your Time: Going Beyond To-Do Lists at ChangeThis recently. As he says in his introduction:

Everyone knows that time is the great equalizer in this world. Everyone has a flat twenty-four hours in a day–nothing more and nothing less. Everyone also knows that successful people get a lot more out of those twenty-four hours than average people.

Time management is hard, and it’s a flawed concept. You really can’t manage time. It is finite. What we all know and talk about really is how we can mange ourselves better. So, really, if you want to manage your time better, you have no choice but learn to manage yourself better.

He identifies and discusses 9 things to consider in a short, clearly written article, which I list here (but his article is worth downloading and reading): Read more »

A Pearl In the Rough? Taking Engaging Conflicts To the Public — EngagingConflicts

stylized-pearl.jpgMy apologies for not posting recently. I’ve been working on a new project related to a third party’s social community website that has not gone public yet. As soon as it is public, I’ll share my involvement with the project and ask your suggestions and help for its success. One of my goals, as some of you know, is to popularize conflict management, by which I mean facilitating the novice public to think more about and handle better the daily conflicts that, well, we have to engage in daily life. Again, I thank Bernie Mayer for stating the question and issue so clearly in his 2004 book Beyond Neutrality: Confronting the Crisis in Conflict Resolution. As he asks there, why aren’t the public beating down the doors of mediators (hmmm, is public singular or plural?), and how can we present the benefits of better conflict management to the public, so that they will?

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Science Literacy, Framing, How NOT To Write a Science Book, and How To Report Scientific Research To a General Audience — EngagingConflicts

duckling.jpgCognitive Daily over at ScienceBlogs has several fine posts relating to science literacy. They are associated with both the desire and/or need for the general public to understand science better, and a debate over whether or how scientists should be “framing” their research in communicating with the public in order for the general audience to understand its relevance. I believe the points are directly relevant for Engaging Conflicts readers for at least two reasons. First, science and claims of scientific validity are used increasingly in training seminars and in our practical explanations of how and why we and our clients act as we do. We need science literacy to better evaluate these claims. Second, if we want the general audience to better understand the goals, values and methods of engaging conflicts (I go back to one of Bernie Mayer’s points that very few mediators have clients beating down their doors for their services, and that most successful mediators get the bulk of their casework through court-ordered programs), we need to communicate in the way the general public understands.

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Engaging Conflicts In 2007 — EngagingConflicts.com

In 2007, Engaging Conflicts will continue to center on issues identified by Bernie Mayer’s Beyond Neutrality: Confronting the Crisis in Conflict Resolution, Chris Honeyman’s Theory to Practice work (focusing on his new book, The Negotiator’s Fieldbook: the Desk Reference for the Experienced Negotiator, co-edited with Andrea Kupfer Schneider), and the October 2006 Keystone Consolidating Our Collective Wisdom conference; as well as my Wikis and Podcasts and Blogs, Oh My! program – use of the new social media on the internet for professional, personal and business development. I’ll provide Tips, Treats, and Tools, and talk about Health, Conflict and Stress, on occasion, too.

Some Guest Bloggers In 2007

Planned guest bloggers for 2007 include Kristine Paranica, J.D., Administrative Director and Fellow of the Institute for the Study of Conflict Transformation (ISCT) on transformative mediation and practice; and John Lande, J.D., Director of the Master of Laws Program In Dispute Resolution at the University of Missouri-Columbia School of Law, on cooperative law, as distinguished from collaborative law.

In Engaging Conflicts Today, the newsletter (subscribe by clicking in the sidebar!), I’ve planned interviews with Bernie Mayer, John Paul Lederach, Robert Benjamin, Chris Honeyman, Janis Magnuson (of Janis Publications), Diane Levin (of the Online Guide To Mediation blog), Jack Cooley, John Stephens, Ann Gosline, and Howard Gadlin, among others. And, as I said, The Negotiator’s Fieldbook, Chris Honeyman’s and Andrea Kupfer Schneider’s new book, will also be highlighted in 2007 (in both the newsletter and in the blog), with reviews, summaries and interviews.

Here at the blog’s new home, you’ll see the administrative categories tabbed across the topbar (Welcome, Contact, Why Engaging Conflicts?, Guest Bloggers, RSS FAQ). The first box at the top of the right sidebar lets you search the blog using keywords. You can then bookmark the blog at Technorati (use the green icon); subscribe to the blog for free at FeedBurner (use the orange icon); and then subscribe to Engaging Conflicts Today by clicking on the blue hyperlinked “Free Engaging Conflicts Newsletter!” I have fewer categories. Also, each post now allows linking with 13 different social content and social bookmarking websites, e.g., del.icio.us, digg and smarking. (If you don’t know what any of these terms and options are, spend some time in the Wikis and Podcasts and Blogs, Oh My! category!. Finally, I’ve disabled commenting, to help save the site from robotic spamming – write me privately, and I’ll respond, though.

REMEMBER: Try something new for the New Year — subscribe to Engaging Conflicts! If you’d like to learn more about RSS or web feeds from a podcast or blog consumer’s point of view, visit our RSS FAQ.

Those “Other” Conflict Specialists — Attorneys, Attorney-Mediators and Non-Attorney Mediators — No Conflict Here! — EngagingConflicts.com

I’m passionate about Bernard S. Mayer’s critique of the dispute resolution field given in his 2004 book, Beyond Neutrality: Confronting the Crisis in Conflict Resolution. If you have read it, you’ve guessed by now that it inspired this blog. I’m rereading it and will bring it into the blog from time to time, as I find Bernie’s points so … engaging.

Among many critically important points, two are especially relevant here. He declared that the emperor has no clothes, i.e., that the field of conflict resolution is in crisis. That has as a consequence what I think is true (I may be mistaken) — that most non-attorney mediators are not wildly successful business people, in the sense of making a lot of money. Hence the “Business” category within the blog (which I promise will be helpful to attorneys, too. Face it, most attorneys learned nothing about having a successful business when they went to law school). I’m passionate about entrepreneurs (I am one) — I want us small business people to thrive.

Bernie, who is not an attorney, also raised to the level of public discussion the private grumblings some non-attorney mediators make about attorneys arriving on the dispute resolution scene. I’m an attorney, so I’ll help raise to the level of public discussion the private grumblings some attorneys make about non-attorney mediators. Attorneys, attorney-mediators, non-attorney mediators — we are all here on the field to stay. In terms of business success and survival, it may get bloody. I hope this blog can help us all learn to “play together” better.

I’ll share this blog category from time to time with others exploring how we can play together better. David B. River has been a full-time mediator, trainer and researcher since 1995, and is currently completing a Masters Degree in Dispute Resolution with the University of Massachusetts. He is not an attorney. His article, In Pursuit of Justice: Lawyers and Mediators Negotiating Identity, has just been published in Vol. 5 No. 1, Winter 2006 issue, Family Mediation Quarterly. Here’s an excerpt (a link for the full article follows at the end):

As mediation becomes mainstream, there is a growing conflict between legal professionals, who traditionally resolve disputes, and mediators, who are bringing mediation to conflict areas that were previously handled by attorneys. The growing dispute is evidenced by an increasing number of lawsuits brought against mediators by state bar associations on grounds of “unauthorized practice of law.”

The popular reasons given for the conflict only partially explain its causes. Rubin and Levinger point out that “conflict over one set of issues is often confounded with, or obscured by, conflict over issues at a different level” (1995, pp.15-16) and in the case of mediators and attorneys, the most visible level of discussion is to define what is and isn’t the practice of law and who is entitled to discuss the law with people in conflict. Mediators claim that lawyers bring these lawsuits against mediators in order to protect their business interests and lawyers claim that mediators step into legal territory without legal training or ethics to guide them, leaving people with unjust or otherwise negative outcomes.

A much richer understanding of this struggle for definition is possible through the lens of identity and resource competition. The advent of mediation as a tool addressing conflicts that were previously handled by attorneys has blurred the distinctions of who is capable of addressing conflict, broadened the models for dispute resolution, and called into question the idea that adversarial approaches lead to the best outcomes for people in conflict. The success of mediation, drawing people who might otherwise have hired attorneys, is forcing attorneys to look at the assumptions about who they are, what their work accomplishes, and, in some cases, to transform.

On the other hand, mediators form a new profession with many different ideas, styles, practices and ethical codes. Under threat of lawsuits from the legal profession, mediators keep silent about how they discuss legal issues with clients, what forms best practices, and what distinguishes a cooperative approach to the law rather than a competitive one.

The tendency of identity conflict to escalate and define who is “in,” who is “out,” and therefore who is in an advantaged position with respect to resources hampers the development of both professions and keeps the focus away from the kinds of questions and research that would allow both professions to advance.

Here’s the article: http://www.rivercadiz.com/Articles/In_Pursuit_of_Justice.htm.

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