A Cold Wind from the North
The Royal Opera House in
(a) Mozart crowd
(b) Wagner crowd
ADR
(a) Herbivores
(b) Carnivores
(a) Aesops
fable about the sun and the wind
(b) LBJ: Get
them by the balls and their hearts and mind will follow
(a) Facilitative
mediation
·
A
healing process
·
Never
mind the success rate satisfied that they are better people
·
Lawyers
are discouraged
·
Get on
same wavelength as the parties
·
Close
down initial statements
·
Caucus
sessions
(b) Fast-track
hard-nose dispute resolution
·
50%
insurer funds go to costs
·
Busy
·
Decision
makers delegate
·
Lawyer
dominated
·
Well
onto the point that aggression pays off in facilitative process
DRB
·
3
independent people
·
Constant
review big project
·
Legal
cases, heavily guillotined
·
99%
acceptance
·
Almost
always
Mini-trial
·
Often
well into litigation
·
1
independent person on panel, 2 flankers not involved
·
Same
case presentation
·
Panel
works as a panel
·
Sometimes
outside
A third system skip the neutral; go to CEO surprisingly
effective
Hybrid is the most common in
·
Presentation
to panel or 1 neutral
·
Caucus
panel decides if it can, but sometimes break into caucus flankers are
floating
·
Written
recommendation
Some features of
hybrid:
·
Written
submissions 10 pages + 50
·
Decision
makers not always there
·
Video/DVD
·
Lawyers
there
·
Works
best if neutral brighter than lawyers. Typically a lawyer. US$10k a day.
·
In and
out of adjudication. Agree subsystems.
·
Vetoes
on recommendation. Best not, leaks
result anyway.
·
Often
a delayed effect a month
Politics, money and fear
·
Politics
personal antagonisms public examples back-stabbing
·
Money
cash and accounts
·
Fear
Sweep the mess under the carpet, is the nightmare getting worse or better
Track record
Hybrid about 80% - which is better
than about 50% for facilitative processes
Most successful
creature on earth is mankind clever and omnivore. Eat your greens and a decent steak.