Why it pays to think positive
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2023

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Why it pays to think positive

Mary has a problem. The machines she sold to a client malfunctioned. The client refuses to pay until they’re fixed, and is being abusive, but she needs the money to keep the business going

“How would the memory of your father help here?” asks the trainer.

It seems incongruous, but this is part of the positive psychology being taught to mediators as part of the INTA Mediation Continuing Education Course—The Art of Persuasion. The idea is to get parties involved in mediation to think of positive ways they have overcome similar problems in their past. In this example, trainers Jane Juliano and Mary McLain play out a situation where McLain considers how her father inspired her to deal with the fallout from a difficult relationship.

In the same way, Juliano asked her to think about the benefits of a positive outcome to the mediation, such as forming a long-term relationship with the client that led to the growth of her business across North America. “Think big,” Juliano encouraged her. “Think really big.” Exercises like this help turn negative, defensive attitudes into more receptive ones. Given that the parties are usually creative, entrepreneurial people, they often respond well to this opportunity to turn positive.

Sandra A. Sellers, the lead trainer on the course, admits this is a best-case scenario: “Sometimes parties to mediation are too obstreperous or competitive to accept positive techniques.” But that’s ok: there are separate sessions on dealing with difficult personalities.

The two-and-a-half day advanced mediation course, running from Friday to Sunday this year, is limited to 36 people. Six trainers are spread out among the tables, each looking after a group of six throughout the course. It is intimate and interactive.

Last year in Boston INTA introduced a basic mediation course for the first time, and now each Annual Meeting alternates between basic and advanced courses. “This has had the effect of focusing the sessions and bringing people up to the same level,” says Sellers.

more from across site and ros bottom lb

More from across our site

Firms explain how monitoring, referrals and relationships with foreign firms helped them get more work at the TTAB
Luke Toft explains why he moved back to Fox Rothschild after working in-house at Sleep Number for five months
We provide a rundown of Managing IP’s news and analysis coverage from the week, and review what’s been happening elsewhere in IP
In a seminal ruling, the Beijing Internet Court said images generated by Stable Diffusion counted as original works
Boston-based John Lanza is hoping to work more with life sciences colleagues on the ‘exciting’ application of AI to drug discovery
The Delhi High Court has expressed its willingness to set global licensing terms in the Nokia-Oppo dispute, but it must deal with longstanding problems first
Some patent counsel are still encountering errors even though the USPTO has fully transitioned to the new system
A senior USPTO attorney spoke at a Nokia-sponsored event on the EU’s proposed SEP Regulation today, November 29
IP counsel are ‘flooded’ with queries from clients worried about deepfakes, but the law has so far come up short
Each week Managing IP speaks to a different IP practitioner about their life and career