San Bernardino Mediator, San Bernardino Mediation Centers, San Bernardino Mediator, San Bernardino Mediation, San Bernardino Employment Mediator, San Bernardino Business Mediator, San Bernardino Mediator Attorney, San Bernardino Mediator Lawyer, Orange County Mediator, California Mediation, Orange County Employment Mediator, California Business Mediator, Orange County Mediator Attorney, Orange County Mediator Lawyer, Orange County California Mediator

San Diego Mediator, San Diego Mediation, San Diego Employment Mediator, San Diego Business Mediator, San Diego Mediator Attorney, San Diego Mediator Lawyer

Join our Newsletter List

RIGHT BRAIN APPEALS

Active listening techniques

It is not enough that a party be permitted an opportunity to vent. He/she must come to feel that he/she has been heard and understood.

One way some mediators satisfy this need is by taking copious notes of the plaintiff’s comments regarding his/her emotional distress in the joint session, and then restating them back to the plaintiff in the presence of the other parties and counsel (frequently in a much more eloquent manner).

A benefit of this approach is that it can operate to create a strong bond between the mediator and plaintiff.

However, there are also several problems with the approach.

First, it is time consuming, and can result in the loss of other elements of the mediation process that are of importance to the parties.

Second, it may imply that the plaintiff did a poor job of explaining his/her emotional distress and needed the help of the mediator to do so adequately.

Third, where the plaintiff is resisting the advice of his/her attorney to settle, the mediator’s restatement of the plaintiff’s explanation of his/her emotional distress can exacerbate the problem. This is because the plaintiff is likely to take the mediator’s restatement as a validation of his/her views regarding the seriousness of his/her emotional distress.

As such, other mediators use eye contact, facial expressions, body language and pertinent comments to communicate to the speaker that he/she is being heard and understood. These approaches can be further enhanced by using them in conjunction with a type of “delayed feedback.”

For instance, the mediator may demonstrate that he/she heard and understood the points made by the plaintiff’s attorney by subsequently confirming that he/she made them to defense counsel in fulfilling his/her role as a “devil’s advocate” in caucus with the defense group. The mediator may then provide the defense attorney’s responses to those points.

Such an approach not only satisfies the need of the plaintiff’s attorney for assurance that he/she was heard, it advances the dialogue regarding the merits of the case. Moreover, it fulfills these functions without wasting time.

In cases in which the parties desire to carry forward with an employment relationship, active listening techniques are sometimes used to bring them the sense that they are not only being heard and understood by the mediator, but by the other party as well.

This procedure involves sitting the parties across from one another, and allowing each party to speak without interruption. Before the listening party may respond or state his/her position, he/she must restate what he/she has just heard. When the other party confirms that he/she correctly paraphrased the statement, he/she is permitted to proceed with his/her own statement, and the roles are reversed.

This approach does not guarantee that the parties will come to agreement. It does, however, satisfy their need to feel that they are being heard and understood.

The mediator’s role is primarily that of a referee who assures that the parties are observing the rules of the procedure.

<< Back

Next >>

ASHLEY MEDIATION CENTERS

Neutral facilities in
San Diego ~ Los Angeles ~ Orange County ~ The Inland Empire
Call us toll free at: (877) AMC-4ADR / (877) 262-4237
or contact us at any of the following local numbers:
San Diego County: (619) 615-0815
Los Angeles County: (310) 669-9920
Orange County: (949) 852-0550
The Inland Empire: (909) 370-0750
Email: ftashley@aol.com

Biographical Information / Nature of Practice / The Art of War / The Mediator’s Tool Box
Client Testimonials / Neutral Locations / Rate Information
Publicly Available Legal Resources / Contact Us / Application Form
Join our Newsletter List / Home / Web Resources

Google Sitemap - Yahoo Sitemap - Site Index
Business Dispute Mediation / Business Mediation Services / Dispute Resolution Services

Serving the following locations:

Los Angeles County:

Fred Ashley, Fred T. Ashley, Ashley Mediation Centers, Los Angeles mediation, Los Angeles adr, Los Angeles dispute resolution, Los Angeles conflict resolution, Los Angeles alternative dispute resolution, Los Angeles mediator, Los Angeles mediators, employment mediator, business mediator, Los Angeles employment mediators, business mediators, employment mediation, Los Angeles business mediation Los Angeles, mediation services, center, Southern California neutrals, national conflict resolution, Superior Court, mediation panel, program, Agoura Hills, Alhambra, Arcadia, Artesia, Avalon, Azusa, Baldwin Park, Bell, Bell Gardens, Bellflower, Beverly Hills, Bradbury, Burbank, Calabasas, Carson, Cerritos, Claremont, Commerce, Compton, Covina, Cudahy, Culver City, Diamond Bar, Downey, Duarte, El Monte, El Segundo, Gardena, Glendale, Glendora, Hawaiian Gardens, Hawthorne, Hermosa Beach, Hidden Hills, Huntington Park, Industry, Inglewood, Irwindale, La Canada-Flintridge, La Habra Heights, Lakewood, La Mirada, Lancaster, La Puente, La Verne, Lawndale, Lomita, Long Beach, Los Angeles, Lynwood, Malibu, Manhatten Beach, Maywood, Monrovia, Montebello, Monterey Park, Norwalk, Palmdale, Palos Verdes Estates, Paramount, Pasadena, Pico Rivera, Pamona, Rancho Palos Verdes, Redondo Beach, Rolling Hills, Rolling Hills Estates, Rosemead, San Dimas, San Fernando, San Gabriel, San Marino, Santa Clarita, Santa Fe Springs, Santa Monica, Sierra Madre, Signal Hill, South El Monte, South Gate, South Pasadena, Temple City, Torrance, Vernon, Walnut, West Covina, West Hollywood, Westlake Village, Whittier

Orange County:

Fred Ashley, Fred T. Ashley, Ashley Mediation Centers, Orange County mediation, Orange County adr, Orange County dispute resolution, Orange County conflict resolution, Orange County alternative dispute resolution, Orange County mediator, Orange County mediators, Orange County employment mediator, Orange County business mediator, employment mediators, business mediators, employment mediation, business mediation Orange County, mediation services, center, Southern California neutrals, national conflict resolution, Superior Court, mediation panel, program, Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, La Palma, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forrest, Los Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Caistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster, Yorba Linda

San Diego County

Fred Ashley, Fred T. Ashley, Ashley Mediation Centers, San Diego mediation, San Diego adr, San Diego dispute resolution, San Diego conflict resolution, San Diego alternative dispute resolution, San Diego mediator, San Diego mediators, San Diego employment mediator, San Diego business mediator, San Diego employment mediators, San Diego business mediators, San Diego employment mediation, San Diego business mediation San Diego, mediation services, center, Southern California neutrals, national conflict resolution, Superior Court, mediation panel, program, Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, Escondido, Imperial Beach, Jacumba, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee, Solana Beach, Vista

San Bernardino County

Fred Ashley, Fred T. Ashley, Ashley Mediation Centers, San Bernardino mediation, San Bernardino adr, San Bernardino dispute resolution, San Bernardino conflict resolution, San Bernardino alternative dispute resolution, San Bernardino mediator, San Bernardino mediators, San Bernardino employment mediator, San Bernardino business mediator, San Bernardino employment mediators, San Bernardino business mediators, San Bernardino employment mediation, San Bernardino business mediation San Bernardino, mediation services, center, Southern California neutrals, national conflict resolution, Superior Court, mediation panel, program, Adelanto, Apple Valley, Barstow, Big Bear Lake, Chino, Chino Hills, Colton, Crestline, Fontana, Grand Terrace, Hesperia, Highland, Joshua Tree, Lake Arrowhead, Loma Linda, Lucerne Valley, Montclair, Needles, Ontario, Rancho Cucamonga, Redlands, Rialto, Running Springs, San Bernardino, Twentynine Palms, Upland, Victorville, Wrightwood, Yermo, Yucaipa, Yucca Valley

Riverside County

Fred Ashley, Fred T. Ashley, Ashley Mediation Centers, Riverside mediation, Riverside adr, Riverside dispute resolution, Riverside conflict resolution, Riverside alternative dispute resolution, Riverside mediator, Riverside mediators, Riverside employment mediator, Riverside business mediator, Riverside employment mediators, Riverside business mediators, Riverside employment mediation, Riverside business mediation Riverside, mediation services, center, Southern California neutrals, national conflict resolution, Superior Court, mediation panel, program, Aguanga, Anza, Banning, Beaumont, Bermuda Dunes, Blythe, Cabazon, Calimesa, Canyon Lake, Cathedral City, Cherry Valley, Chiriaco Summit, Coachella, Corona, Desert Center, Desert Hot Springs, Hemet, Homeland, Idyllwild, Indian Wells, Indio, La Quinta, Lake Elsinor, Mecca, Menifee, Mira Loma, Moreno Valley, Mountain Center, Murrietta, Norco, North Palm Springs, Nuevo, Palm Desert, Palm Springs, Perris, Pine Cove, Quail Valley, Rancho Mirage, Riverside, Romoland, Rubidoux, San Jacinto, Sky Valley, Sun City, Temecula, Thermal, Thousand Palms, Wildomar, Winchester