LessonsfromLAssoonmeDiAtionstrAtegY
Mediation & Arbitration Section Chair : HaroldOehler – OehlerMediation
tedLassoprovides amasterclassin mediationstrategy .
Imagine walking into a mediation and discovering that your mediator is fictional British football coach , Ted Lasso . At first you would be alarmed . But is there any doubt Ted Lasso would make an excellent mediator ? Business consultants and coaches use this program to teach teamwork and leadership . At its core , Ted Lasso is a television show about resolving human conflict . And it provides a master class in mediation strategy for trial lawyers and mediators .
It ’ s Not Just About Understanding the Law - It ’ s About Understanding People
Ted doesn ’ t know his backside from an offside . But like a great
mediator , he is adept at uncovering the needs of others and finding ways to make people with competing interests work together . Ted convinces Jamie Tartt , a self-absorbed player concerned only with his own scoring , to pass to his teammates by showing him how that would ultimately lead him to greater personal success .
Mediation is a transactional event in the middle of an adversarial proceeding . The adversarial nature of litigation can sometimes cause litigators to default to argument during mediation and alienate the other side . We should learn from our transactional colleagues who create agreement between parties with competing agendas by understanding the other person ’ s interests
and creating solutions that satisfy those needs . It ’ s never just about the money . Practicing transactional law and litigation for three decades before becoming a mediator taught me that mediation is more productive , and less expensive , when you approach the bargaining table as a transactional lawyer .
Kindness and Empathy Create Trust
Virtually everyone felt hostile toward Ted when he was named coach due to his lack of experience . Ted won everyone over , not by showing how much he knew ( this would have been hopeless ), but by using his superpowers of kindness
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Mediation & Arbitration and Trial & Litigation Joint Luncheon / CLE
onseptember22 , themediation & Arbitrationandtrial & Litigation sectionsheldajointluncheonto discusstheirnewlyreleased “ mediationBestPracticesHandbook ” forfloridatriallawyersandmediators . sectionChairserinJacksonand HaroldoehlerwerejoinedbyHCBA PresidentCoryPersontodiscussthe bestpracticesandethicalstandards outlinedinthenewhandbook .
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