Jean M. Lawler: How Humor Can Make or Break Your Negotiation
Feb 21, 2025
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Jean M. Lawler, an experienced commercial and insurance mediator based in Los Angeles, shares her transition from law to mediation. She discusses the powerful role of humor in negotiations, highlighting how it can ease tension and facilitate communication. Lawler emphasizes the significance of understanding the difference between wants and needs and offers insights on pre-mediation preparation and bracketing strategies to enhance negotiation effectiveness. Her unique perspective on empathy and creativity in resolving disputes adds depth to the conversation.
Effective mediation requires distinguishing between the true needs and wants of parties to achieve realistic resolutions.
Emphasizing empathy and creativity during negotiations promotes cooperation and can lead to innovative solutions beyond financial compensation.
Deep dives
The Role of a Mediator
Mediators serve as neutral parties who facilitate communication between conflicting parties to help them reach an agreement. One of the primary responsibilities of a mediator is to identify the true needs and wants of each party involved, as these are often different from what is initially presented. The mediation process typically involves private meetings with each party to establish facts and clarify positions before attempting to reach a settlement. By working towards mutual understanding and cooperation, mediators can help parties move closer to resolution without escalating conflicts through litigation.
Pre-Mediation Preparation
Effective pre-mediation preparation is crucial for ensuring that the process runs smoothly and increases the chances of a favorable outcome. This includes reviewing mediation briefs and conducting separate calls with each party to gauge their positions and concerns more deeply. Attorneys play a vital role in preparing their clients not only by clarifying their own stance but also by ensuring the other side understands it. This collaborative approach helps create a more informed negotiation environment, paving the way for constructive dialogue and potential resolution.
Understanding Wants vs. Needs
A key aspect of successful mediation is distinguishing between what parties strictly need versus what they want, as these concepts can be misleadingly conflated. Expert mediators focus on uncovering each party's true needs to facilitate a realistic resolution, which may sometimes only involve clarifying issues rather than reaching an agreement within the session. It’s essential for mediators to set expectations, indicating that success may not always mean an immediate settlement but rather progress toward a possibility. Even when parties are unable to completely resolve their differences, clarifying positions and understanding can still represent a significant step forward.
Empathy and Creativity in Resolution
Empathy and creativity are fundamental skills for mediators, particularly in emotionally charged disputes where traditional outcomes may not suffice. Strategies like using ranges or brackets during negotiations can foster cooperation by setting realistic parameters within which parties can negotiate. For instance, instead of issuing demands, mediators can frame offers that center on mutual interests, prompting parties to accept reasonable solutions. By integrating non-financial aspects into the discussion, such as emotional satisfaction or future relationships, mediators can often lead parties toward innovative solutions that address underlying concerns beyond mere monetary compensation.
In this engaging episode of "Negotiate Anything," host Kwame Christian welcomes Jean M. Lawler, an experienced commercial and insurance mediator, to share her insights on realistic deals and creative solutions in conflict resolution. Jean delves into her typical day handling litigation cases, the importance of distinguishing between wants and needs in mediation, and the power of empathy and creativity in negotiations. The conversation highlights the benefits of pre-mediation preparation and the use of bracketing strategies to set reasonable negotiation ranges. This episode is packed with invaluable mediation and negotiation tips that can enhance your conflict resolution skills.
What will be covered:
Jean M. Lawler's professional journey from practicing lawyer to full-time mediator.
The daily responsibilities and challenges in handling litigation and pre-suit cases.
Strategies like pre-mediation preparation and bracketing to facilitate smoother negotiations.