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	<title>Comments for PGP Mediation</title>
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	<pubDate>Mon, 22 Mar 2010 14:41:40 +0000</pubDate>
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		<title>Comment on DIFFICULT PEOPLE by alecwisner</title>
		<link>http://www.pgpmediation.com/2009/08/14/difficult-people/%#comment-1654</link>
		<dc:creator>alecwisner</dc:creator>
		<pubDate>Sat, 15 Aug 2009 05:12:49 +0000</pubDate>
		<guid isPermaLink="false">http://www.pgpmediation.com/?p=807#comment-1654</guid>
		<description>I think that Tip #5 has proven to be the most important for me.  I have discovered that the biggest chip on the shoulder of many parties as they walk into the mediation is that they are furious that they haven't been listened to, much less taken seriously.  From their point of view, this has usually gone on from the outset of the conflict and been reinforced every step of the way.  It is not unusual to discover that a party doesn't even think his/her attorney really "gets it."  Such people walk into the mediation process with huge axes to grind and a predisposition do distrust everytihing about the legal system.

In these cases, it seems so obvious that early validation can work magic.  For me, that usually involves at least two steps.  One thing I always do is make it clear that I am willing to accept, as true, EVERYTHING that each person tells me during mediation, and will ask questions when I don't understand something. Then, of course, I explain that I am still a neutral and will give every party to the conflict the same privilege.  Then, typically later on, I seize upon an opportunity, usually when a party engages in self-pity (i.e. "nobody thinks my opinion is worth anything).  At that point, I try to validate and normalize.  I explain that everybody is entitled to their opinion and to the right to have that opinion heard in the safe environment of a mediation; if nothing else, I want to hear the opinion.  I also point out that this party ought to be willing to listen to the opposing opinions openly, if he/she expects reciprocity.

These may seem like small steps, and they usually don't occur in anything like the organized manner in which I'm outlining them, but they have been key ice breakers in many very emotional cases.

Alec Wisner
www.wisnermediation.com</description>
		<content:encoded><![CDATA[<p>I think that Tip #5 has proven to be the most important for me.  I have discovered that the biggest chip on the shoulder of many parties as they walk into the mediation is that they are furious that they haven&#8217;t been listened to, much less taken seriously.  From their point of view, this has usually gone on from the outset of the conflict and been reinforced every step of the way.  It is not unusual to discover that a party doesn&#8217;t even think his/her attorney really &#8220;gets it.&#8221;  Such people walk into the mediation process with huge axes to grind and a predisposition do distrust everytihing about the legal system.</p>
<p>In these cases, it seems so obvious that early validation can work magic.  For me, that usually involves at least two steps.  One thing I always do is make it clear that I am willing to accept, as true, EVERYTHING that each person tells me during mediation, and will ask questions when I don&#8217;t understand something. Then, of course, I explain that I am still a neutral and will give every party to the conflict the same privilege.  Then, typically later on, I seize upon an opportunity, usually when a party engages in self-pity (i.e. &#8220;nobody thinks my opinion is worth anything).  At that point, I try to validate and normalize.  I explain that everybody is entitled to their opinion and to the right to have that opinion heard in the safe environment of a mediation; if nothing else, I want to hear the opinion.  I also point out that this party ought to be willing to listen to the opposing opinions openly, if he/she expects reciprocity.</p>
<p>These may seem like small steps, and they usually don&#8217;t occur in anything like the organized manner in which I&#8217;m outlining them, but they have been key ice breakers in many very emotional cases.</p>
<p>Alec Wisner<br />
<a href="http://www.wisnermediation.com" rel="nofollow" onClick="javascript:urchinTracker ('/outbound/comment/www.wisnermediation.com');">http://www.wisnermediation.com</a></p>
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		<title>Comment on A CANINE IN MY TOOLBOX by Phyllis</title>
		<link>http://www.pgpmediation.com/2009/02/20/a-canine-in-my-toolbox/%#comment-1047</link>
		<dc:creator>Phyllis</dc:creator>
		<pubDate>Fri, 27 Feb 2009 00:11:42 +0000</pubDate>
		<guid isPermaLink="false">http://www.pgpmediation.com/?p=470#comment-1047</guid>
		<description>Thank you for your comment and the validation of my instincts telling me that - as you say- a TRAINED pet  can be a very valuable tool in a mediation.  As I commented, do you have any suggestions on how I can get my own dog past the security in my building so that I can use him as a tool to soothe emotions and keep things calm?
Phyllis</description>
		<content:encoded><![CDATA[<p>Thank you for your comment and the validation of my instincts telling me that - as you say- a TRAINED pet  can be a very valuable tool in a mediation.  As I commented, do you have any suggestions on how I can get my own dog past the security in my building so that I can use him as a tool to soothe emotions and keep things calm?<br />
Phyllis</p>
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		<title>Comment on A CANINE IN MY TOOLBOX by stammwood</title>
		<link>http://www.pgpmediation.com/2009/02/20/a-canine-in-my-toolbox/%#comment-1044</link>
		<dc:creator>stammwood</dc:creator>
		<pubDate>Thu, 26 Feb 2009 23:28:00 +0000</pubDate>
		<guid isPermaLink="false">http://www.pgpmediation.com/?p=470#comment-1044</guid>
		<description>I have disabilities and have mediated in a CDRC for 12 years with 2 different service dogs. In mediations, they often act as therapy dogs - interacting with clients when they need a "dog fix" break for help soothing emotions and bringing calmness or just for an interruption to break tension. They are extremely useful in mediations with children and teens. When there are disputes involving multiple children and things look like they're about to get out of control, I will ask them to take a break because it's time for me to do some training with my dog. I do a few short obedience exercises then ask for volunteers to help. They start handling the dog and then coaching each other helpfully. That sets the stage for dialogue and cooperation.
Having a trained dog in the room has been a tremendous asset to me in mediations. I emphasize trained because a dog has to be able to tolerate and remain calm through strong emotions and yelling.
Because my dog is a service dog he is not a pet but rather an assistive device and can accompany me in places where pets are not allowed.
Mediating with a dog has many advantages.</description>
		<content:encoded><![CDATA[<p>I have disabilities and have mediated in a CDRC for 12 years with 2 different service dogs. In mediations, they often act as therapy dogs - interacting with clients when they need a &#8220;dog fix&#8221; break for help soothing emotions and bringing calmness or just for an interruption to break tension. They are extremely useful in mediations with children and teens. When there are disputes involving multiple children and things look like they&#8217;re about to get out of control, I will ask them to take a break because it&#8217;s time for me to do some training with my dog. I do a few short obedience exercises then ask for volunteers to help. They start handling the dog and then coaching each other helpfully. That sets the stage for dialogue and cooperation.<br />
Having a trained dog in the room has been a tremendous asset to me in mediations. I emphasize trained because a dog has to be able to tolerate and remain calm through strong emotions and yelling.<br />
Because my dog is a service dog he is not a pet but rather an assistive device and can accompany me in places where pets are not allowed.<br />
Mediating with a dog has many advantages.</p>
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		<title>Comment on SETTLEMENT AND TAXES: MUST I PAY FOR DANCING? by TeddySnyder</title>
		<link>http://www.pgpmediation.com/2008/12/05/settlement-and-taxes-must-i-pay-for-dancing/%#comment-988</link>
		<dc:creator>TeddySnyder</dc:creator>
		<pubDate>Mon, 16 Feb 2009 21:41:25 +0000</pubDate>
		<guid isPermaLink="false">http://www.pgpmediation.com/?p=350#comment-988</guid>
		<description>The best way to manage taxes in these types of cases is to structure the settlement so the tax hit doesn't occur all in one year. 
Taking the settlement all in one year pushes the plaintiff into a higher tax bracket for all income, not just the settlement, and likely triggers the Alternative Minimum Tax.  
Conversely, Plaintiffs who structure their  settlement can time the payment to match their anticipated needs-- and nothing is taxed until actually received.  By allowing interest to compound on a tax-deferred basis, the yield is higher than could be achieved on a taxable basis on a similar investment.  Plus, a structured settlement is secure.  Once the structure is in place, that return is guaranteed, unaffected by fluctuations in the stock market, interest rates, or the real estate market.</description>
		<content:encoded><![CDATA[<p>The best way to manage taxes in these types of cases is to structure the settlement so the tax hit doesn&#8217;t occur all in one year.<br />
Taking the settlement all in one year pushes the plaintiff into a higher tax bracket for all income, not just the settlement, and likely triggers the Alternative Minimum Tax.<br />
Conversely, Plaintiffs who structure their  settlement can time the payment to match their anticipated needs&#8211; and nothing is taxed until actually received.  By allowing interest to compound on a tax-deferred basis, the yield is higher than could be achieved on a taxable basis on a similar investment.  Plus, a structured settlement is secure.  Once the structure is in place, that return is guaranteed, unaffected by fluctuations in the stock market, interest rates, or the real estate market.</p>
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		<title>Comment on EVEN DOGS WANT “FAIRNESS” by EQUALITY AND MEDIATION &#124; PGP Mediation</title>
		<link>http://www.pgpmediation.com/2008/12/12/even-dogs-want-%e2%80%9cfairness%e2%80%9d/%#comment-897</link>
		<dc:creator>EQUALITY AND MEDIATION &#124; PGP Mediation</dc:creator>
		<pubDate>Fri, 09 Jan 2009 17:01:48 +0000</pubDate>
		<guid isPermaLink="false">http://www.pgpmediation.com/?p=366#comment-897</guid>
		<description>[...] trait in all of us. That is, studies (i.e. think about those Capuchin monkeys and about the dogs) have revealed that each one of us innately seeks “fairness” in anything we do. We all want to [...]</description>
		<content:encoded><![CDATA[<p>[...] trait in all of us. That is, studies (i.e. think about those Capuchin monkeys and about the dogs) have revealed that each one of us innately seeks “fairness” in anything we do. We all want to [...]</p>
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