I hope you are all surviving the month that feels a lot like December but in the Spring. With over half the month past us, I can see the light on the other side. Let me know if I can help you take a dispute off your hands through mediation or assist with an external workplace investigation. I would love to work together.
Knowing When to Get Off the Plane at a Mediation
On a recent flight back to Houston, the pilot advised me and the passengers that she expected the flight to Houston to be turbulent. The pilot informed us that the flight attendants were not permitted to move around the aircraft during the flight, and drink/snack services were suspended. The passenger sitting next to me became increasingly anxious and uncomfortable. He was visibly shaking and reaching for medication. He asked me whether I thought it was a good idea to stay on the flight. My initial thought was that airlines routinely delay and cancel flights due to safety reasons, so the conditions could not be that bad if our flight was still taking off. I wanted to comfort this anxious passenger, but I am far from an expert on flying and I thought he should act based on his comfort level, not mine. Ultimately, the passenger got off the plane and took a later flight departing two hours later. The passenger made the decision to prioritize his mental health (and possibly safety) even if that meant he missed his flight and his obligations in Houston later that day. The flight back home ended up being surprisingly calm the entire way, but the rest of us on the aircraft were on edge after the pilot’s warnings.
The idea of parties at mediation “getting off the plane” or choosing to resolve their differences rather than continuing to fight in litigation can be a way to preserve business or personal relationships, moving on to new employment, projects, and ventures, and prioritizing their own time and health. Litigation is costly, time-consuming, and, often, emotionally draining. I strive to remind both sides of the benefits of getting off the plane. There may be others who want to fight the matter until the end, but what is most comfortable for you? There is real value in moving on from litigation and taking the deal in front of you if doing so allows you freedom to walk away from the turbulent litigation. Have a piece of litigation and considering mediation? Work with Mediation Maven to arrive at a mutually agreeable resolution for all parties.
Learn How to Better Communicate with Your Clients
Looking for a summer book? Check out supercommunicators by Charles Duhigg. It’s an insightful and easy read that discusses how those of us who communicate professionally (and even personally) can improve our skills. Duhigg outlines a multi-layered approach to analyzing communications. First, determine the true purpose of a client’s request so your response can be framed in a way that builds connection with your client. For example, is your client looking for a solution to their problem or does your client want you to listen to a situation and validate their opinion? Supercommunicators ask more questions – “like ten-to-twenty times as many questions as the average person” to clarify positions and determine how to best connect with their client and serve them. Second, Duhigg advocates for increased vulnerability in communication. Our experiences, values, emotions, how we see ourselves and others influence our communications with our clients. We can use these tools to build connection without making the conversation all about us. Questions that invite vulnerability and get to emotion, rather than just fact, inspire those who you are communicating with to feel heard. Once a client feels heard, they can build trust and confidence in the attorney they are speaking with and move forward. There are many more observations and tips in this book that make it well worth the read. I recommend checking out this book!