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Civil Negotiation and Mediation Blog

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Listening to Clients: A Mediation Skill

listening is like comfort food

As a mediator, I have spent a great deal of time training, reading and thinking about how best to listen to the parties.  I spend a lot of time in mediations listening to the parties.  I want the quality of my listening to be respectful, authentic and empathetic.  I want to make a truly human connection.

It occurred to me to remind myself to bring that same intention to listening to my law clients. 

Fortunately, Mark Goulston, M.D., a psychiatrist, business consultant and coach, has outlined his secrets of success in Just Listen.   Essentially, Dr. Goulston’s premise can be summed up like this:

                  “The more your “get” where someone is
                  coming from (and care where they are
                  coming from) the more likely you’ll be
                  able to take them where you want them
                  to go.”

One of the impediments to deeply listening is our natural inclination to interrupt with a comment or with an analogy from our own experience.  Dr. Goulston recommends reigning in that inclination, and instead, asking the speaker to continue speaking.  He encourages them with three types of “interventions”:

  1. “Tell me more.”
  2. “Hmmm,” and,
  3. “Really?”

If you use these techniques with your clients, I think you’ll find that they will appreciate you all the more.   Everyone is comforted by feeling heard and respected.  (Thus, the cinnamon toast:  comfort food.)  You’ll have a much stronger connection.  A by-product is, having felt heard, they are more likely to listen to you.

In the mediation context, negotiation challenges sometimes arise because we forget to listen.  Increase your mediation skills by practicing listening.

All new techniques require practice.  Choosing a loved one to practice this on could be a true win-win.

Comments

Great post. This is one of those things that is genuinely hard to do (sort of like not eating a piece of cinnamon toast right now)...I like this idea you offer because it doesn't require fighting the urge to talk, at least not all the way. Sounds like you just sort of divert your words into something more productive. Good stuff.
Posted @ Wednesday, February 01, 2012 12:19 AM by Danny Margulies
Hi, Danny! 
 
This works in other professions, too. When I taught a group of sales people that listening set up persuasion, I was met with some skepticism. Then one of them tried these techniques and had a response that exceeded her expectations. 
 
Best, 
 
Nancy
Posted @ Wednesday, February 01, 2012 3:47 PM by Nancy Hudgins
Yes! And I believe we are all salespeople! :)
Posted @ Wednesday, February 01, 2012 4:00 PM by Danny Margulies
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