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OK, so law school, right? 
They really pile it on. 

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You've got cases, statutes, and 
then on top of that you're 

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supposed to master mediation. 
Oh absolutely. 

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It's a whole other skill set you
need to develop. 

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It is, and to help us cut 
through all the noise, today 

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we're doing a deep dive into 
negotiation and mediation. 

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Yeah, I'm happy to be here to 
help breakdown the core 

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concepts. 
I'm excited to get into it and 

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hopefully by the end of this 
deep dive, we'll all be feeling 

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a little bit more prepared, 
maybe even excited to walk into 

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our next mediation session. 
I think that's a great goal, and

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it's a vital skill, not just for
lawyers. 

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Oh, for sure. 
Really, for anyone who wants to 

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navigate conflict effectively 
and think of mediation like the 

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structured conversation, OK, 
where the goal is to try to get 

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parties to reach this outcome. 
That's beneficial for everybody.

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So we're talking about win, win,
not fighting it out of court. 

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Exactly. 
Exactly. 

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I like where this is going 
already. 

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Good, good. 
So to get to that win win, is 

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there a particular framework we 
should be thinking about? 

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Yeah, there is. 
There's this five stage process 

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we'll be getting into today and 
it takes us all the way from 

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that initial meeting to getting 
that signed agreement. 

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OK, five stages. 
Got to love a good framework. 

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Makes it all seem so much more 
manageable, right? 

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So let's break this down. 
Where do we even begin with 

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mediation? 
Well, you know, you have to 

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convene the parties. 
That's the first step. 

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OK, But there's some work that 
needs to happen even before we 

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get everybody into the same 
room. 

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Oh, so we've got these secret 
meetings happening before the 

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big mediation event. 
Yeah, you can think of them as 

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these pre mediation interviews. 
Interesting. 

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It's a chance for the mediator 
to meet with each party 

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one-on-one. 
So it's like a fact finding 

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mission, the mediators getting a
sense of what each side is 

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hoping to achieve, what might be
standing in their way. 

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Kind of like a detective, 
almost. 

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Yeah, I like that analogy. 
The media is trying to 

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understand the issues, the 
party's perspectives, how 

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willing they are to compromise. 
And these interviews also help 

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to identify any power imbalances
that might be present. 

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Power imbalances. 
That's such a critical point, 

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especially when you think about 
the legal context. 

46
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Oh, for sure. 
Like, imagine you have a small 

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business owner who's going up 
against this massive 

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corporation. 
Oh yeah. 

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How can a mediator even begin to
ensure that both sides have an 

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equal voice in a situation like 
that? 

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That's where these ground rules 
become essential. 

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OK, so the mediator might 
emphasize the importance of 

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respectful communication, active
listening, confidentiality. 

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OK, so even before the mediation
formally begins, the mediator is

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laying the foundation for a fair
and balanced process. 

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I like it. 
Exactly. 

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And once everyone's finally in 
the same room, then we move on 

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to stage 2 opening statements. 
OK, so opening statements. 

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This is where each party gets 
their chance to lay out their 

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side of the story. 
Uninterrupted. 

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Corrupted. 
Exactly. 

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I imagine that emotions can run 
pretty high during these opening

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statements. 
You know, as a future lawyer, 

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I'd want to make sure that my 
client's voice is heard loud and

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clear. 
Of course. 

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But I also don't want to come 
across, as you know, 

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unprofessional or disrespectful.
Is there a balance there? 

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Oh, there definitely is. 
And that the mediator's role 

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there is to make sure that 
everyone feels heard and that 

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the conversation remains 
constructive, right? 

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So they might use some 
techniques like summarizing or 

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paraphrasing just to demonstrate
that they're actively listening.

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OK, so active listening. 
It's a term we hear tossed 

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around a lot, but in the context
of mediation, how does that 

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actually play out? 
Well, it's more than just 

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hearing the words. 
You have to truly try to 

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understand the emotions, the 
motivations, the interests 

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behind those words. 
And a key technique here is 

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reflective listening, where the 
mediator actually reflects back 

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what they've heard. 
Oh, interesting. 

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Yeah, you know, just to make 
sure there's no 

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misunderstandings and that 
everybody feels understood. 

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So it's almost like the 
mediators holding up this 

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mirror, helping each party see 
their own perspective, but also 

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see the perspective of the other
side more clearly. 

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Yeah, that's a great way to put 
it. 

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It's a great analogy. 
So by fostering this deeper 

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understanding, we then move on 
to Stage 3, which is all about 

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exploring the issues even 
further. 

90
00:04:04,840 --> 00:04:06,760
Yeah, you. 
Got OK, this is where we really 

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start getting down to the nitty 
gritty. 

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But how do we move beyond simply
stating positions like I want 

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this or I deserve that and 
actually get to those underlying

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interests that are driving the 
conflict in the first place? 

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You're moving from the what to 
the why. 

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OK, so instead of focusing on 
specific demands, we're trying 

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to figure out what's behind 
those demands. 

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I think I need an example. 
Can you give me a real life 

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scenario of how this might 
actually look? 

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00:04:33,760 --> 00:04:35,760
Sure. 
Let's say we're mediating a 

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contract dispute between two 
businesses. 

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One company might be really 
adamant about receiving a 

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certain amount of money, OK. 
The other companies pushing 

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back, saying no way, we can't 
pay that. 

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Yeah. 
So instead of getting caught up 

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in the numbers, a skilled 
mediator would try how to 

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explore those interests. 
Like what's driving this? 

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OK. 
So maybe the first company is 

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worried about covering their 
expenses and the second company 

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00:05:01,400 --> 00:05:03,560
is concerned about maintaining 
their profitability. 

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So by uncovering those deeper 
motivations, maybe we can find a

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solution that actually addresses
both of those concerns. 

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Exactly. 
And the mediator can do that by 

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using these open-ended questions
to encourage those parties to 

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elaborate. 
So instead of asking, you know, 

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do you think this is a fair 
price? 

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The mediator might ask what 
factors are most important to 

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you when you're considering this
price. 

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Oh, that's interesting. 
Yeah. 

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So it's just a subtle shift in 
the language, but it can make a 

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big difference in uncovering 
those real issues. 

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But conflict can get messy. 
Emotions can run high. 

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How does a mediator navigate 
those moments where things get 

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really heated? 
Right. 

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And that's where reframing comes
in. 

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It's a technique where you take 
a statement that's kind of 

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negative or accusatory and you 
rephrase it in a way that's more

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neutral, more constructive. 
So instead of saying they're 

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being completely unreasonable, 
the mediator might say something

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like it sounds like there's some
frustration here because your 

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concerns haven't been fully 
addressed. 

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00:06:04,960 --> 00:06:06,160
Exactly. 
So it's almost like you're 

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diffusing a bomb before it 
explodes. 

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Right. 
Reframing. 

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That's a pretty valuable tool, 
and not just for mediation. 

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It seems like that could come in
handy in any type of conflict 

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00:06:15,200 --> 00:06:17,360
resolution. 
Oh, absolutely. 

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00:06:17,360 --> 00:06:21,240
So we've explored the issues, 
Emotions are hopefully simmering

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down a bit. 
Are we ready to start talking 

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solutions at this point? 
Almost, almost. 

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The next stage, Stage 4, is all 
about negotiating those 

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solutions. 
OK, And this is where creativity

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00:06:32,640 --> 00:06:34,520
comes in. 
Oh, I like creativity. 

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00:06:34,520 --> 00:06:37,440
Yeah, we want to brainstorm. 
We want to explore options that 

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00:06:37,440 --> 00:06:38,920
could satisfy everybody. 
OK. 

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00:06:38,920 --> 00:06:40,840
So this is where the legal magic
happens. 

147
00:06:40,840 --> 00:06:42,400
Exactly. 
Tell me more about this 

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brainstorming process. 
How does that work in practice? 

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So the mediator might start by 
encouraging the parties to just 

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throw out any ideas they have 
OK, even if they sound a little 

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unconventional or far fetched at
first. 

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00:06:54,800 --> 00:06:56,600
So it's like a legal 
brainstorming session. 

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No idea is a bad idea. 
That's the idea. 

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We're trying to break free from 
that win lose mentality. 

155
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And then once we have a bunch of
potential solutions, the 

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00:07:05,080 --> 00:07:08,040
mediator then helps the parties 
evaluate each one. 

157
00:07:08,560 --> 00:07:10,920
OK. 
So it's not just about coming up

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with these wild ideas, it's also
about carefully considering, 

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00:07:15,240 --> 00:07:17,240
right, whether they're actually 
feasible. 

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Yeah, what the consequences 
might be. 

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00:07:19,000 --> 00:07:21,320
Exactly. 
And there's one key concept that

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comes up here and it's BATNA. 
Yes, yes. 

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00:07:26,240 --> 00:07:28,240
I've heard that term Throne run,
can you remind me what that 

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stands for? 
It stands for best alternative 

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00:07:30,680 --> 00:07:33,000
to a negotiated agreement. 
OK. 

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It's your fall back plan 
essentially. 

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00:07:35,240 --> 00:07:36,680
Right, so if the mediation 
doesn't work. 

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00:07:36,680 --> 00:07:37,120
Out. 
Yeah. 

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What are you going to do? 
This is what I'm going to do 

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00:07:38,680 --> 00:07:41,360
exactly. 
So if you have a strong BATNA, 

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you're going into the 
negotiation with more 

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confidence. 
Absolutely. 

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You're not desperate to reach an
agreement at any cost. 

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Right, you know your options. 
OK, so this is starting to feel 

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a bit like a chess game. 
A little bit, yeah. 

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Where each move has to be 
carefully considered. 

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But what happens once we've gone
through all the possible 

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solutions and hopefully we've 
landed on one that seems 

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00:08:02,680 --> 00:08:04,280
promising? 
What's next? 

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00:08:04,520 --> 00:08:07,560
That brings us to our final 
stage, closure, closure, and 

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00:08:07,560 --> 00:08:09,920
that's where we formalize the 
agreement, Make sure everybody's

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00:08:09,920 --> 00:08:12,680
on the same page. 
So we're talking contracts, 

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00:08:12,680 --> 00:08:15,040
signatures, yeah, making it all 
official. 

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00:08:15,040 --> 00:08:18,040
Yes, all of that. 
But closure goes beyond the 

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00:08:18,040 --> 00:08:18,960
paperwork, too. 
Oh. 

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00:08:19,040 --> 00:08:21,720
OK. 
So we're bringing emotions back 

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00:08:21,720 --> 00:08:23,160
into the mix. 
I thought we dealt with that 

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00:08:23,160 --> 00:08:25,400
back in the opening statement 
stage. 

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00:08:25,400 --> 00:08:27,280
Well, emotions are always part 
of conflict. 

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00:08:27,400 --> 00:08:29,040
That's true. 
They don't just disappear 

191
00:08:29,040 --> 00:08:30,520
because you have an agreement. 
Great point. 

192
00:08:31,080 --> 00:08:35,400
So this closure stage is an 
opportunity to acknowledge hurt 

193
00:08:35,400 --> 00:08:39,520
feelings, maybe encourage some 
apologies if appropriate, and 

194
00:08:39,520 --> 00:08:42,600
just help the parties move 
forward in a way that's positive

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00:08:42,600 --> 00:08:45,840
and constructive. 
So the mediator is not just a 

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00:08:45,840 --> 00:08:48,880
legal expert, they're also a bit
of a relationship therapist. 

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00:08:49,000 --> 00:08:51,160
You could say that. 
Wow, this is making me realize 

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00:08:51,160 --> 00:08:54,360
that mediation is about so much 
more than I initially thought it

199
00:08:54,360 --> 00:08:56,440
is. 
It's not just about avoiding a 

200
00:08:56,440 --> 00:09:00,120
courtroom battle, it's about 
finding solutions that really 

201
00:09:00,120 --> 00:09:02,880
work for everyone, legally and 
emotionally. 

202
00:09:02,920 --> 00:09:06,200
It's a much more holistic view 
of conflict resolution. 

203
00:09:06,800 --> 00:09:09,040
Is and you know what? 
I'm starting to see the power 

204
00:09:09,040 --> 00:09:13,440
and potential of mediation, not 
just as a future lawyer, but as 

205
00:09:13,440 --> 00:09:14,960
a human being. 
Good. 

206
00:09:14,960 --> 00:09:17,120
Navigating this world that's 
full of conflict. 

207
00:09:17,120 --> 00:09:19,200
Yeah, I'm glad to hear that. 
And you know, this is just the 

208
00:09:19,200 --> 00:09:21,920
beginning. 
The more you explore mediation, 

209
00:09:21,920 --> 00:09:24,320
the more you'll start to 
appreciate all the nuances. 

210
00:09:24,520 --> 00:09:28,320
It is a journey, a journey of 
conflict resolution. 

211
00:09:28,680 --> 00:09:31,400
And the more you explore 
mediation, the more you'll 

212
00:09:31,400 --> 00:09:32,920
appreciate it. 
That sounds like it. 

213
00:09:33,520 --> 00:09:36,360
So let's shift gears a bit and 
talk about those skills you're 

214
00:09:36,360 --> 00:09:38,520
going to need to really excel in
this field. 

215
00:09:38,920 --> 00:09:42,760
OK, so we've touched on active 
listening, reframing, 

216
00:09:42,760 --> 00:09:46,600
understanding BATNAS. 
What other tools should I be 

217
00:09:46,600 --> 00:09:49,920
adding to my mediation toolkit? 
Open-ended questions, those are 

218
00:09:49,920 --> 00:09:52,080
key. 
OK, so instead of asking those 

219
00:09:52,080 --> 00:09:55,080
yes or no questions that kind of
shut down the conversation, you 

220
00:09:55,080 --> 00:09:58,440
want to use phrases like tell me
more about or can you help me 

221
00:09:58,440 --> 00:10:00,760
understand? 
Yeah, it's about inviting people

222
00:10:00,760 --> 00:10:04,200
to share their perspective, give
them the space to really tell 

223
00:10:04,200 --> 00:10:05,440
their story. 
Exactly. 

224
00:10:05,440 --> 00:10:08,440
And as they're sharing, you're 
not just passively listening, 

225
00:10:08,760 --> 00:10:12,400
you're analyzing their words, 
their body language, picking up 

226
00:10:12,400 --> 00:10:14,200
on those emotions they're 
expressing. 

227
00:10:14,200 --> 00:10:17,200
And that brings us to emotional 
intelligence. 

228
00:10:17,320 --> 00:10:20,960
So emotional intelligence, being
aware of our own emotions and 

229
00:10:20,960 --> 00:10:22,360
the emotions of the other 
parties. 

230
00:10:22,360 --> 00:10:24,600
Exactly, and being able to 
manage those emotions 

231
00:10:24,600 --> 00:10:27,920
effectively because mediation 
can be pretty intense, it can 

232
00:10:27,920 --> 00:10:30,720
get heated. 
So you have to remain calm, 

233
00:10:31,000 --> 00:10:34,320
empathetic and focused on those 
solutions. 

234
00:10:34,320 --> 00:10:37,920
So being a mediator, it sounds 
like you need legal expertise, 

235
00:10:37,920 --> 00:10:41,240
communication skills, and then 
this whole other layer of 

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emotional intelligence. 
It's like being a lawyer, a 

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therapist, and a diplomat all 
rolled into one. 

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That's a great way to put it. 
I love that. 

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And what about creativity? 
Does that come into play at all?

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Oh, absolutely. 
OK. 

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Mediation often involves 
thinking outside the box, coming

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up with these innovative 
solutions that you might not see

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in a more traditional 
adversarial setting. 

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That makes me think about this 
negotiation workshop I went to. 

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We were practicing brainstorming
all these creative solutions to 

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these complex problems, and it 
was amazing to see how a group 

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of people could come together 
and generate these incredible 

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ideas that none of us would have
thought of individually. 

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It's like this collective 
wisdom, that energy, that 

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collaboration, that's one of the
best parts of mediation. 

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I love that. 
Yeah, you're harnessing that 

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creativity to find the best 
possible outcome for everybody 

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involved. 
OK, I'm getting a good sense of 

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the skills, the mindset needed 
for mediation. 

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But let's be real, not every 
mediation ends with this perfect

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resolution, right? 
That's true. 

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It's not a magic wand. 
What happens when the parties 

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just can't seem to find common 
ground? 

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Do we just give up and head to 
court? 

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Not necessarily. 
Even if you don't get that 

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formal agreement, OK, the 
process itself can be super 

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valuable. 
How so? 

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Well, it might help narrow down 
the issues, clarify 

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perspectives, and even just 
improve communication between 

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the parties. 
So even if they don't walk away 

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with a contract, they might walk
away with a better understanding

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of the situation, maybe a little
less animosity toward each 

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other. 
Exactly, and sometimes that's 

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all you need to set the stage 
for a future resolution. 

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OK, that makes sense. 
Yeah. 

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Whether it's through through 
continued negotiation or some 

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other dispute resolution 
process. 

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This is giving me so much to 
think about, but before we move 

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on, I have one more question. 
We've talked about the mediators

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role, the parties involved, but 
where do lawyers fit into this 

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whole mediation puzzle? 
That's a great question. 

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You have a multi faceted role as
a lawyer representing a client 

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in mediation. 
You're an advocate, you're a 

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counselor, you're a strategist, 
and you're a problem solver. 

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Wow, that's a lot of hats to 
wear. 

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Can you break that down for me? 
What does it even mean to be an 

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advocate in mediation? 
Sure, it's similar to being an 

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advocate in court in the sense 
that you're there to represent 

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your client's interests, but the
approach is different. 

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You're not trying to win an 
argument or defeat the other 

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side. 
It's more about finding that 

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solution that works for for 
everyone, including your client.

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00:13:04,400 --> 00:13:07,480
So instead of objecting to 
everything and delivering these 

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00:13:07,520 --> 00:13:11,120
fiery speeches, I'm looking for 
opportunities to collaborate and

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00:13:11,120 --> 00:13:12,960
build bridges. 
Exactly. 

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00:13:12,960 --> 00:13:16,120
You're still presenting your 
client's case, advocating for 

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their needs, but you're doing it
in a way that's collaborative 

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and solution oriented. 
And you're also there to help 

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00:13:22,400 --> 00:13:25,160
your client understand the 
process, manage their 

295
00:13:25,160 --> 00:13:27,760
expectations, and make informed 
decisions. 

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00:13:28,120 --> 00:13:31,080
So I'm like a translator, yeah, 
helping my client navigate this 

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00:13:31,080 --> 00:13:33,880
unfamiliar terrain, but also 
making sure their voice is 

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heard. 
Yeah. 

299
00:13:34,920 --> 00:13:36,720
And that brings us to the 
strategist part. 

300
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OK. 
As a lawyer in mediation, you 

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00:13:38,880 --> 00:13:42,040
need to be thinking a few steps 
ahead, anticipating those 

302
00:13:42,040 --> 00:13:44,440
roadblocks and developing those 
creative solutions. 

303
00:13:44,440 --> 00:13:46,640
And of course, you're always 
thinking about Bay, TNA. 

304
00:13:46,640 --> 00:13:50,560
Bay TNA our favorite legal term.
Right, Knowing your clients BDT 

305
00:13:50,560 --> 00:13:53,400
and a helping them understand 
what that means for them, that's

306
00:13:53,400 --> 00:13:55,680
crucial for making those 
strategic decisions. 

307
00:13:55,880 --> 00:13:57,240
It's like having a secret 
weapon. 

308
00:13:57,520 --> 00:13:59,800
Yeah, it gives you the 
confidence to navigate the 

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00:13:59,800 --> 00:14:01,760
negotiation knowing what your 
options. 

310
00:14:01,760 --> 00:14:04,280
Are exactly. 
OK, but what about the problem 

311
00:14:04,280 --> 00:14:06,720
solving part of it? 
Isn't that more the mediator's 

312
00:14:06,720 --> 00:14:08,680
job? 
Well, the mediator facilitates 

313
00:14:08,680 --> 00:14:12,760
the process, but as the lawyer, 
you're actively involved in 

314
00:14:12,760 --> 00:14:15,280
finding solutions. 
You're brainstorming with your 

315
00:14:15,280 --> 00:14:18,360
client, exploring different 
options, and you're working with

316
00:14:18,400 --> 00:14:21,360
the other side to craft that 
agreement that meets everyone's 

317
00:14:21,360 --> 00:14:23,400
needs. 
So it's a balancing act. 

318
00:14:23,720 --> 00:14:27,480
It is advocacy and 
collaboration, strategy and 

319
00:14:27,480 --> 00:14:29,680
flexibility. 
And that's what makes mediation 

320
00:14:29,680 --> 00:14:32,600
so challenging and so rewarding.
I can see. 

321
00:14:32,600 --> 00:14:35,960
That it requires that legal 
expertise, communication skills 

322
00:14:35,960 --> 00:14:39,000
and emotional intelligence. 
I'm starting to see why 

323
00:14:39,000 --> 00:14:42,480
mediation is becoming such an 
important skill for lawyers in 

324
00:14:42,480 --> 00:14:45,000
all areas of practice. 
No, yeah, it's not just about 

325
00:14:45,000 --> 00:14:48,320
resolving disputes. 
It's about finding creative and 

326
00:14:48,320 --> 00:14:50,960
sustainable solutions. 
Exactly solutions that work for 

327
00:14:50,960 --> 00:14:52,920
everyone. 
Yeah, and remember, there's no 

328
00:14:52,920 --> 00:14:56,560
one right way to do it. 
As you gain experience, you'll 

329
00:14:56,560 --> 00:14:59,520
develop your own style, your own
techniques, right? 

330
00:14:59,520 --> 00:15:02,680
Drawing on your strengths and 
adapting to the unique dynamics 

331
00:15:02,680 --> 00:15:05,000
of each case. 
This has been incredibly 

332
00:15:05,000 --> 00:15:07,280
insightful. 
I feel like I'm walking away 

333
00:15:07,280 --> 00:15:10,440
with a much deeper understanding
of mediation. 

334
00:15:10,560 --> 00:15:11,920
Good. 
All the complexities, the 

335
00:15:11,920 --> 00:15:13,960
nuances. 
It's a journey and you'll 

336
00:15:13,960 --> 00:15:15,840
continue to learn and grow as 
you go. 

337
00:15:16,040 --> 00:15:19,160
I'm feeling inspired to really 
dive in and start practicing 

338
00:15:19,160 --> 00:15:20,840
these skills. 
That's the Spirit. 

339
00:15:21,840 --> 00:15:25,000
Before we move on to the final 
stage of our deep dive, is there

340
00:15:25,000 --> 00:15:27,960
anything else our fellow law 
students should keep in mind as 

341
00:15:27,960 --> 00:15:29,880
they embark on their own 
mediation journeys? 

342
00:15:30,120 --> 00:15:33,080
Absolutely. 
Remember to approach every 

343
00:15:33,080 --> 00:15:36,920
conflict with an open mind and a
willingness to collaborate, OK? 

344
00:15:37,240 --> 00:15:40,160
It's not about winning or 
losing, it's about finding that 

345
00:15:40,160 --> 00:15:42,520
resolution that works for 
everyone. 

346
00:15:42,680 --> 00:15:45,320
I love that it's a good reminder
that it's not about pointing 

347
00:15:45,320 --> 00:15:47,960
fingers right? 
It's about working together to 

348
00:15:47,960 --> 00:15:49,720
find those solutions. 
Exactly. 

349
00:15:49,840 --> 00:15:52,560
Before we wrap things up, let's 
just do a quick cap of those 

350
00:15:52,560 --> 00:15:54,560
five stages of mediation we 
talked about today. 

351
00:15:54,600 --> 00:15:56,760
OK, sounds good. 
So we started with convening the

352
00:15:56,760 --> 00:15:59,040
parties, that's where the 
mediators doing all that prep 

353
00:15:59,040 --> 00:16:01,720
work, the pre mediation 
interviews, just getting a feel 

354
00:16:01,720 --> 00:16:03,200
for the situation. 
Right. 

355
00:16:03,200 --> 00:16:06,600
And it's during that stage where
the mediator also aggresses 

356
00:16:06,600 --> 00:16:09,800
those power imbalances, sets 
those ground rules for a 

357
00:16:09,800 --> 00:16:12,080
productive and respectful 
conversation. 

358
00:16:12,080 --> 00:16:15,080
And then we move into opening 
statements where each party gets

359
00:16:15,080 --> 00:16:17,120
to share their perspective 
uninterrupted. 

360
00:16:17,320 --> 00:16:20,360
It's really a chance for 
everyone to feel heard and for 

361
00:16:20,360 --> 00:16:24,360
that mediator to really flex 
those active listening muscles. 

362
00:16:24,680 --> 00:16:27,520
And then we get into the Heart 
of the Matter, Stage 3, 

363
00:16:27,800 --> 00:16:29,560
exploring those issues. 
Right. 

364
00:16:29,560 --> 00:16:33,520
This is where we go beyond those
surface level positions, really 

365
00:16:33,520 --> 00:16:36,360
try to get to the bottom of 
what's driving the conflict. 

366
00:16:36,360 --> 00:16:38,320
It's all about the why. 
It is. 

367
00:16:38,320 --> 00:16:40,320
And the mediators using all 
these different tools, 

368
00:16:40,320 --> 00:16:43,960
open-ended questions, reframing 
techniques, anything to keep 

369
00:16:43,960 --> 00:16:46,040
that conversation going in a 
positive direction. 

370
00:16:46,400 --> 00:16:48,840
And then once we've really 
gotten to the core of those 

371
00:16:48,840 --> 00:16:51,880
issues, we move into negotiating
solutions. 

372
00:16:51,880 --> 00:16:54,880
That's stage 4. 
The negotiation Phase, I feel 

373
00:16:54,880 --> 00:16:57,080
like this is where things can 
get really interesting. 

374
00:16:57,160 --> 00:16:59,920
It is, and this is where that 
creativity and collaboration 

375
00:16:59,920 --> 00:17:01,960
comes in. 
Brainstorming coming up with 

376
00:17:01,960 --> 00:17:04,440
those outside the box solutions.
And of course, we have to talk 

377
00:17:04,440 --> 00:17:07,359
about Bay TNA. 
Oh yes, Bay DNA that all 

378
00:17:07,359 --> 00:17:09,359
important. 
Best alternative to a negotiated

379
00:17:09,359 --> 00:17:11,359
agreement? 
Always got to keep that in mind.

380
00:17:11,440 --> 00:17:13,160
Always. 
It gives you that leverage, 

381
00:17:13,160 --> 00:17:15,680
helps you make those smart 
decisions throughout the whole 

382
00:17:15,680 --> 00:17:17,839
negotiation. 
And then finally, if we reach 

383
00:17:17,839 --> 00:17:20,599
stage 5 closure. 
The finish line. 

384
00:17:20,680 --> 00:17:22,480
It is. 
We're formalizing that 

385
00:17:22,480 --> 00:17:25,240
agreement, making sure 
everything's clear that it 

386
00:17:25,240 --> 00:17:28,359
addresses all the key issues. 
But it's not just about the 

387
00:17:28,359 --> 00:17:30,240
signatures on the dotted line. 
Right. 

388
00:17:30,240 --> 00:17:32,120
We're thinking about the 
emotional needs of the parties 

389
00:17:32,120 --> 00:17:36,120
involved, helping them move 
forward in a way that feels fair

390
00:17:36,120 --> 00:17:39,120
and respectful. 
A skilled mediator recognizes 

391
00:17:39,120 --> 00:17:41,320
that it's not just about the 
legal stuff, it's about the 

392
00:17:41,320 --> 00:17:44,480
relationships too. 
Well, I feel like we've covered 

393
00:17:44,480 --> 00:17:47,040
a lot of ground today. 
We have, and honestly I feel 

394
00:17:47,040 --> 00:17:49,720
like I have this whole new 
perspective on mediation. 

395
00:17:49,840 --> 00:17:51,840
I'm glad to hear that. 
It's much more nuanced than I 

396
00:17:51,840 --> 00:17:53,600
initially thought. 
And this is really just the 

397
00:17:53,600 --> 00:17:56,240
starting point, right? 
The more you learn, the more you

398
00:17:56,240 --> 00:17:58,480
practice, the more you'll grow 
in this field. 

399
00:17:58,560 --> 00:18:01,240
I'm excited to keep learning and
keep practicing, and I really 

400
00:18:01,240 --> 00:18:04,240
appreciate you taking the time 
to break all this down for us 

401
00:18:04,240 --> 00:18:05,880
today. 
My pleasure it's been and a 

402
00:18:05,880 --> 00:18:07,320
great conversation it really 
has. 

403
00:18:07,400 --> 00:18:10,120
And just remember, the key to 
mastering mediation is 

404
00:18:10,120 --> 00:18:14,120
approaching every conflict with 
curiosity, empathy, and that 

405
00:18:14,120 --> 00:18:17,760
genuine desire to find solutions
that truly benefit everyone. 

406
00:18:17,960 --> 00:18:21,080
I love that those are words to 
live by, not just in the legal 

407
00:18:21,080 --> 00:18:23,480
world, but in life in general. 
Oh, absolutely. 

408
00:18:23,480 --> 00:18:26,280
To all our fellow law students 
out there, keep those legal 

409
00:18:26,280 --> 00:18:30,040
minds sharp, keep learning, keep
practicing, and never 

410
00:18:30,040 --> 00:18:32,600
underestimate the power of a 
well mediated solution. 

411
00:18:32,960 --> 00:18:36,040
Well said. 
Until next time, happy mediating

412
00:18:36,040 --> 00:18:36,600
everyone.