This month, on March 21st and 22nd, the Washington State Bar Association hosts the 26th Annual Northwest Dispute Resolution Conference. The conference will take place at the University of Washington School of Law and will feature a wide variety of speakers presenting a wide variety of dispute resolution topics. While at first blush, this may appear to be a conference most useful to neutrals rather than advocates, that is not the case. This is a great conference for anyone who works to resolve disputes, whether you are a neutral, an advocate, or a third-party professional such as an insurance claims adjuster. The presentations will help all of us be better at what we do. Hoping I can spark your interest in this important conference, I thought I would write about some of the sessions offered this year. This is only a small portion of what will be covered. For more information about the topics and how to register, go to the website, www.nwdrconference.org.
The first session is the opening Keynote Speaker, Dr. Chantel Prat. Dr. Prat is a professor at the University of Washington with specialties in psychology, neuroscience and linguistics. I’m excited to hear her speak about how each person’s individual life experiences shape the way our brain interprets the world. In mediation it is critical to understand perspective. It is imperative that, as a mediator, I am able to open my own mind to others’ life experiences and how they may be interpreting the “facts” of a dispute. Without that skill, I am much less likely to communicate effectively with the opposing party about what is going on in the other room and how, through negotiation, we might find a way to get to the proverbial middle. If you have a chance, find Dr. Prat on YouTube, and you will get a good sense of how she may help your understanding of others.
Another intriguing session hits the topic of cross-cultural negotiations presented by Sara Sanford. I wrote about this several months ago. It seems to me that understanding the influence of someone’s cultural influences is an extension of our life experiences and why they shape how our brain interprets the world. In mediation, I know that if I am ignorant of an important cultural influence, I will not be able to understand when someone simply appears to be intransigent or unwilling to compromise. In other words, I won’t be able to read the room.
As an example, in most negotiations, the party in each room is interested in who is making decisions in the other room. In a typical negotiation with two culturally western parties, the negotiation team is small, and the leader or decision maker is readily apparent. Once identified, the other party can focus their attention on meeting the needs of that individual. And that individual is empowered to make decisions quickly. On the other hand, if one of the negotiating parties is culturally Chinese or Japanese, the negotiating team might be much larger, and the decision maker may not be apparent because these cultures often stress team consensus over individual decisions. Decisions may take longer because there may be negotiations within negotiations.
If this cultural difference is not understood by both sides, the result may be, at best, confusion, and at worst, a growing lack of trust. That lack of trust may be directed at either the other party or even worse, the process. As a mediator, it is critical I understand what cultural influences impact each negotiation so that confusion and mistrust is avoided.
Another interesting session will address the benefits and risks associated with advocacy versus efficacy in mediation, presented by attorney and mediator, Jeffrey Smoot. I’ve also written on this subject and find the topic fascinating, both as a mediator and as an attorney representing parties in mediation. As a mediator, we are taught to consider carefully before we inject ourselves into advocating one party’s position when working with the other party. Doing so may alienate the other party and prevent them from continuing to negotiate because they feel abandoned by the mediator and view the ongoing mediation as a lopsided negotiation. If done skillfully, however, a good mediator can advocate for each party when meeting with each side.
By tactfully addressing each side’s weaknesses and risks, a mediator can help the parties move closer. As I’m sure several presentations will discuss, this is best accomplished, not by lecturing each side on the shortcomings of their case, but by asking questions. These are questions that encourage them to articulate for themselves where there may be problems that they have either failed to consider or have been unwilling to confess previously. And through this process, the mediator can test the efficacy of a party’s position.
Finally, I’m intrigued by the session addressing the topic of AI assisted mediation and arbitration, presented by Paula Emery and Jeanne Marie Clavere. If you are like me, you have more questions than answers about what AI can do. From what I can tell, AI’s influence is not unlike when we were first exposed to the world wide web back in 1993. How many people predicted that “www” would revolutionize our world? AI may be that and more. My exposure to AI is limited. But I appreciate the concept of a very fast computer processing large amounts of data in a very short period of time. Some cases involve hundreds of thousands of pages of material and terabytes of data. Without the heavy lift from a machine, our ability to digest, organize, or critically evaluate that information might be impossible. AI is a solution. But AI, especially when it involves arbitration rather than mediation, has the real possibility of substituting a faulty algorithm for the good judgment of a wise and thoughtful decision maker. I think it is imperative that we all take advantage of the opportunity to learn more about this topic as soon as possible.
There are many more topics in store for you if you take the time to attend this wonderful conference at the end of March. I am personally humbled by the committee’s offer to have me speak on the second day of the conference. There are many people speaking who know so much more than me and I hope I can pay back their trust to deliver a dynamic and thoughtful presentation myself. I hope to see you there on March 21st and 22nd.
Eric Gillett is a founding member and managing partner at Preg, O’Donnell & Gillett. Follow him on LinkedIn at https://www.linkedin.com/in/eric-gillett or at https://www.linkedin.com/in/gillett-mediation. He is licensed in Washington, Oregon, and Alaska. He has tried dozens of cases to verdict and mediated hundreds more. A navigator of resolutions, he is a commercial mediator and can be contacted through his legal assistant, Jasmine Reddy, at 206.287.1775 or jreddy@pregodonnell.com. You can also reach him through his website at www.gillettmediation.com and his email at eric@gillettmediation.com. Mediations in person are encouraged.
