Negotiation Law Blog - Negotiating with Feeling One More Time - Comments http://www.negotiationlawblog.com/ Southern California Arbitration Mediation & Conflict Resolution: Settle it Now Dispute Resolution Services: Serving Los Angeles, Beverly Hills, Century City en Copyright 2012 Fri, 23 Mar 2012 00:59:54 -0800 Fri, 23 Mar 2012 00:59:54 -0800 http://www.sixapart.com/movabletype/?v=4.32-en http://blogs.law.harvard.edu/tech/rss Ann Begler Great blog. We all need to stay joined to support the critical importance of self-awareness and emotion in the work we do. And we need to continually work to help law students evolve into helping to create a different culture of practice.

]]> http://www.negotiationlawblog.com/conflict-resolution/negotiating-with-feeling-one-more-time/#22725 http://www.negotiationlawblog.com/conflict-resolution/negotiating-with-feeling-one-more-time/#22725 Conflict Resolution Tue, 16 Feb 2010 18:04:20 -0800 Victoria Pynchon Vickie Pynchon Thanks Ann! You make a major contribution to the legal-dispute resolution field, particularly as we grapple with the unavoidable emotional content of the enterprise. I remember preparing a senior partner in an AmLaw 100 firm in a legal malpractice action (with underlying commercial litigation). He was the practice group leader but not directly involved in the case. His discomfort was palpable & his responses evasive. After about an hour, it occurred to me that he felt guilty for not supervising his partner more effectively, which allowed us to explore the reporting relationships and the true source of his guilt, which would have negatively affected his testimony if we hadn't dealt with the "unprocessed" emotion. Every aspect of practice has an emotional element and we sentence our future lawyers to a lifetime of discomfort and inefficiency if we don't acknowledge it now.

]]> http://www.negotiationlawblog.com/conflict-resolution/negotiating-with-feeling-one-more-time/#22726 http://www.negotiationlawblog.com/conflict-resolution/negotiating-with-feeling-one-more-time/#22726 Conflict Resolution Tue, 16 Feb 2010 18:04:20 -0800 Victoria Pynchon Christopher G. Hill Great thoughts Vickie. Emotion is a big part of this whole litigation and conflict resolution ball of wax. Mediations work well in many instances when clients of mine get to vent and rail at the injustice of it all for a while and then get down to business. To ignore the emotion and the "past" is a failed strategy in my opinion.

I take my role as "counselor" very seriously and may very well cost myself money (in an individual case) by discouraging lawsuits in certain situations. My hope is that those I counsel will speak well of me in the future.

Law schools don't emphasize the counseling aspect of the law profession enough.

]]> http://www.negotiationlawblog.com/conflict-resolution/negotiating-with-feeling-one-more-time/#22727 http://www.negotiationlawblog.com/conflict-resolution/negotiating-with-feeling-one-more-time/#22727 Conflict Resolution Tue, 16 Feb 2010 18:04:20 -0800 Victoria Pynchon Michael Carbone Vickie: Your post reminds me of a few basic principles about mediation that I learned in the beginning such as "Don't be Afraid of Conflict" and "Don't Try to Rush the Process." Unfortunately today's marketplace for commercial mediation is trying to take us to the very place where your law students want to go which does not respect those values and does not understand what it means to facilitate communication. When the proces is over, and regardless of the outcome, we should want people to feel good about it and not like they were just put through a mill.

But watching that video "E-Discovery: Did you Know?" was really valuable. It is the ultimate parade of horribles.

]]> http://www.negotiationlawblog.com/conflict-resolution/negotiating-with-feeling-one-more-time/#22728 http://www.negotiationlawblog.com/conflict-resolution/negotiating-with-feeling-one-more-time/#22728 Conflict Resolution Tue, 16 Feb 2010 18:04:20 -0800 Victoria Pynchon