Presentation at Mediation and Conflict Management (Spring 2013) at Harvard Law School Program on Mediation (PON).

1. The 9 GOLDEN-RULES for
[Smart] Problem-Solving
Mediation
Silverio Zebral Filho
Harvard University
April 9th 2013

2. The TABLE…
The Intrusive
“Too Complex” Mediator
The Diligent
“Hands-On”  PROCESS
Solver ?  SELECTION CRITERIA The Zen
 TOPIC + 4-6 MAXIMS “Everything-good”
Conciliator
The Busy
“Often-Missed-in-Action” The Creative “Out-of-the-box”
Free-Rider Thinker

3. The PROCESS…
“Mimicking” an Imperfect and
Puzzling Mediation (???)
 BATNA = “FAIL” mark. Then, no alternative…
 Multi-cultural environment = fight for words vs. negotiate meanings
 Intrusive mediator = poor neutrality management
 Distributive vs. Integrative bargaining = failed “blinded ranking”
 The challenge of virtual negotiation = asynchrony
“On-line” and “face-to-face” ad hoc caucus / non-caucus meetings
 Crisis (“Don’t give up !!!!) and Accommodation (“it’s fine…: (( )
 Relief = Broadening the final set of rules from 5 (five) to 9 (nine)

4. AGREEMENT
The LADDER… DEAL
CRITERIA
OPTIONS
INTEREST
FEELINGS
POSITIONS
TIME
STORIES

5. The RESULTS…

6. Listening STORIES (…)
1
RULE # :
“THROW THE BALL
AND WATCH THEM PLAYING”

7. Managing TIME (…)
RULE # 2:
“ NEITHER BE RUSH; NOR WASTE TIME ”

8. Understanding POSITIONS (…)
RULE # 3:
“ EVERY COIN HAS 2 FACES.
SHOW THEM UP ! “

9. Acknowledging FEELINGS (…)
RULE # 4:
“ EMPHATY IS AN UMBILICAL CORD”

10. Digging for INTERESTS (…)
RULE # 5:
“ MOVE THE LIGTHER STONES FIRST ”

11. Creating OPTIONS (…)
RULE # 6:
“ A WIDE GOOD IS BETTER THAN
A NARROW GREAT ”

12. Establishing CRITERIA (…)
RULE # 7:
“ FACTS [VERY OFTEN] WAKE YOU UP ”

13. Reaching the DEAL (…)
RULE # 8:
“ HELP THEM TO SAVE THEIR OWN FACES”

14. Closing the AGREEMENT (…)
RULE # 9:
WHEN YOU REACH THE END,
STOP TALKING !!

15. Any comments ???
is ticking…

16. THANKS !!!!