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RIGHT BRAIN APPEALS

Story telling

We human beings love to listen to a well told story.

We often reach conclusions regarding moral or ethical conduct based on the outcome of a story.

More importantly, we tend to draw sweeping and unjustified generalizations regarding the state of reality from a story, when it may stand as nothing more than an anecdotal account of what happened in a particular instance.

Recognizing this tendency, some mediators use story telling as a means of predicting the probable outcome of the litigation, and, thereby, manipulating the expectations of the parties.

Such a use of the device is inappropriate.

Story telling may properly be used, however, to illustrate the unpredictable nature of the litigation process, and, thereby, shake a party’s expressed certainty that he/she will prevail in the litigation.

Most mediators draw upon their own life experiences, and/or the facts and circumstances in other mediations over which they have presided, in crafting the stories they choose to tell in mediation.

Like all stories, a mediation story should: (a) have a single, clearly defined theme; (b) have a plot; (c) make use of word pictures; (d) have a rhythm; (e) employ characterization; (f) have dramatic appeal; and (g) be appropriate to the listeners. It must also be relatively short, because the audience is generally anxious to get on with the business of resolving the dispute.

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