REBROADCAST: 10 Paradigm Shifts of High Conflict Mediation with Guest Michael Lomax
Aug 31, 2023
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Guest Michael Lomax discusses 10 paradigm shifts for high conflict mediation, focusing on active client participation, problem-solving, and avoiding apologies. The podcast explores the importance of empowering parties, navigating high conflict individuals, and maintaining a positive approach in mediation.
High conflict mediation requires a shift to problem-solving and active client participation.
Mediators should avoid focusing on apologies and instead guide parties towards future-oriented proposals.
Deep dives
Training for Handling High Conflict Cases
Family mediators are offered training on handling high conflict cases by Bill Eddy. Bill Eddy's new mediation model has increased settlement rates to above 90% from around 75% in high conflict cases. The training combines on-demand modules and Zoom sessions with Bill Eddy for effective results.
The 10 Paradigm Shifts of High Conflict Mediation
The podcast episode delves into the 10 paradigm shifts of high conflict mediation, explored by Bill Eddy and Michael Lomax. These shifts focus on strategies like avoiding trying to give parties insight into themselves, emphasizing the future over the past, and teaching parties to make proposals for effective mediation outcomes.
Role of Mediators in Shifting Perspectives
Mediators are encouraged to teach parties instead of providing insights and to guide them towards future-focused discussions. By refraining from emotional confrontations and steering clear of probing questions, parties are empowered to make decisions, ask questions, and craft proposals, fostering a collaborative mediation process.
Navigating Apologies and Agreement Processes
The episode highlights the importance of avoiding the 'apology quicksand' and not overly pressuring parties to reach agreements. By resisting the tendency to hammer out agreements and steering clear of focusing solely on negative aspects, mediators can help parties navigate conflicts effectively while maintaining a future-oriented and positive outlook.
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.