The Office on Dispute Resolution
How did I miss this hilarious transcript of "the Office" episode about mediation? I re-print it in full here from Joel A. Schoenmeyer's excellent Death and Taxes Law Blog.
As Joel explains, the participants are Michael (the office manager) and two employees in the accounting department, Angela and Oscar, who are fighting over whether Angela should be able to display her poster of babies -- in diapers, hats and sunglasses -- playing saxophones.
Michael holds a 3-ring binder with the title "A Mediators Toolchest."
Michael: "A Mediators Toolchest." OK. Well, before we get started, you should know that there are five different styles of conflict. [In kung fu-ish voice] My Shaolin Temple Style defeats your Monkey Style.
Angela: Can we go? I have a lot of work to do.
Michael: No. This is important. OK. The first style is lose-lose.
Oscar: What's the next one?
Michael: Just hold... on... please. OK. If we do lose-lose, neither of you gets what you want. Do you understand? You would both... lose. Now I need to ask you -- do you want to pursue a lose-lose negotiation?
Angela: Can we just skip to whatever number five is? Win-win or whatever?
Michael: Win-win is number four, and number five is win-win-win. The important difference here is, with win-win-win, we ALL win. Me too. I win for having successfully mediated a conflict at work.
Michael, Angela, Oscar, and Pam (the office receptionist) then go to look at the offending poster.
Michael: Let's see if we can't just brainstorm and find some creative alternatives that are win-win.
Pam: win.
Michael: Yes. Thank you, Pam. How about Angela makes the poster into a t-shirt which Oscar wears. That way he can never see it and whenever she looks at Oscar, she CAN see it. Win-win-win.
Oscar: No.
Angela: That's -- no.
Michael: OK. Well, brainstorm. Own the solution.
Angela: How about I leave it up?
Oscar: How about she takes it down?
Pam: How about Angela can keep it up on Tuesdays and Thursdays?
Michael: OK, that is called a compromise and it is style three. And it is not ideal. To sum up
win-win: make the poster into a t-shirt
win-lose: take the poster down
compromise: Tuesdays and Thursdays
and the answer is [holding his head like he is deep in thought] ... make the poster into a t-shirt. Win-win.
Pam: win.
Oscar: Fine.
Angela: But...
Michael: It is done.
As Joel notes _ "this is a pretty funny scene (maybe funnier on TV than on paper), but it also contains a lesson for mediators about what NOT to do. Michael as mediator injects himself into the mediation twice, first by insisting on win-win-win negotiation (where he also gains something), and then by switching his role from mediator to arbitrator, and announcing his solution to the conflict."
Now could somebody please send me the mediation scene that opens "Wedding Crashers"?




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