European Mediation Academy

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New Approach

Try something new

Old habits of arguing do not resolve conflicts so try something new.

  • Formal lengthy speeches need not be prepared. Less is better.
  • Express yourself strongly but without rancour.
  • Berating, reprimanding and scolding are the most ineffective way of changing minds.

Old habits of listening do not resolve conflicts so try some new ways of hearing.

  • The best advocates firstly seek to understand, then seek to be understood.
  • Good listening is actually about showing that you are listening. So acknowledge that in some way.

Acknowledging that you are listening:

  • Does not mean agreeing with someone;
  • Will cost you nothing;
  • When genuine, means more than any other kind of advocacy;
  • Can take any form from a simple nod, gesture, verbal concession, allowance, recognition, apology etc;

Remember, any comment in a mediation, such as an acknowledgement, is confidential.

Ask questions

  • Do not hesitate to ask questions about the difficult issues.
  • Use open, direct questions and enlist the help of the Mediator to frame questions.
  • The Mediator will ask an ample number of helpful questions.

Be flexible

  • The strongest negotiating position is one that has some flexibility.
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The "European Mediation Academy" (emeac) was approved as an IMI Qualifying Assessment Program by the International Mediators Institute (IMI)  in January 2019. 
 

Victor Schachter, a well-known business mediator and distinguished ex-lawyer from the United States, a great partner Law Firm Fenwick & West LLP, Silicon Valley, California and President of the "Foundation for Sustainable Rule of Law Initiatives"  was spüeaking in Zagreb about the chance for attornes to see mediation as an opportunity. He made it interesting, attractive, straightforward and clear for Croatian lawyers how mediation can simultaneously increase the profitability and satisfaction of attorneys in everyday work.
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