10 Paradigm Shifts of High Conflict Mediation with Guest Michael Lomax
Feb 16, 2023
auto_awesome
Guest Michael Lomax, an expert in high conflict mediation, discusses 10 paradigm shifts essential for mediating high conflict disputes, focusing on problem-solving and client participation. They highlight the importance of avoiding apologies, guiding parties towards future-oriented solutions, and patience in reaching agreements.
Focus on future-oriented discussions instead of dwelling on the past in high conflict mediation.
Encourage parties to actively participate in problem-solving and decision-making during the mediation process.
Deep dives
Training for Handling High Conflict Cases
There are specialized training programs offered for family and all other mediators to effectively manage high conflict cases. These trainings, created by Bill Eddy, have significantly increased settlement rates above 90% in high conflict cases. The courses include on-demand materials and live Zoom sessions with Bill Eddy.
Shift in Mediation Approach - 10 Paradigm Shifts
The episode discusses 10 paradigm shifts in high conflict mediation, focusing on new approaches to handling challenging personalities. Notable shifts include avoiding insights into parties' personalities, emphasizing future-oriented discussions rather than dwelling on the past, refraining from emotional confrontations, and encouraging parties to focus on solutions by setting the agenda and making proposals.
Empowering Parties in Decision-Making
The episode highlights the importance of empowering parties to make decisions in the mediation process. By encouraging individuals to ask questions and make proposals, mediators aim to shift their focus towards problem-solving and forward-thinking. This approach helps in resolving disputes effectively while maintaining the parties' involvement and ownership of the decisions.
Importance of Patience and Positive Focus
Mediators are advised to resist pressuring parties into agreements and to avoid focusing on negative aspects during mediation sessions. By promoting patience, optimism, and constructive dialogue, mediators can steer the conversation towards productive outcomes and prevent conflicts from escalating. These strategies aim to foster cooperation and mutual understanding among participants for successful mediation resolutions.
Mediating high conflict disputes requires a shift from many standard mediation approaches. When one or more of the parties has a high conflict personality, the process should have more structure and focus away from common mediation topics, such as emotions, the past, and interests, and instead focus more strictly on problem-solving. By having the clients participate more actively in the process – and the mediator serve more as a guide for their active participation – they are more likely to reach their own agreements and follow them.
In today’s episode, Bill and Megan talk with attorney/mediator Michael Lomax, co-author of Mediating High Conflict Disputes (Unhooked Books, 2021) about 10 paradigm shifts that are necessary for mediating high conflict disputes, and serve as the backbone for the New Ways for Mediation®. They will also discuss why to avoid mediating apologies.