Why it pays to think positive

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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 SHARED ros bottom lb

More from across our site

Blank Rome’s launch in West Palm Beach, marked by the arrival of two IP partners, comes in response to rising demands from technology clients
Abion says it has brought on board Matt Serlin as its first US hire to meet client demand for ‘full circle’ trademark and domain name services
News of Health Hoglund joining Sisvel and the Delhi High Court staying a $2.2 million decree in favour of Philips were also among the top talking points
The firm is continuing its aggressive IP hiring streak with the addition of partner Matthew Rizzolo
Pantech counsel Shogo Matsunaga speaks exclusively to Managing IP about how his team proved Google’s unwillingness, and ultimately secured a landmark SEP settlement
New partners, including the firm’s first female head of a department, are eyeing a deeper focus on client understanding
Chunguang Hu of China PAT explains why his ‘insider’ experience as a patent examiner benefits clients and why he wants to debunk the myth that IP has limited value in China
Essenese Obhan shares his expansion plans and vision of creating a ‘one-stop shop’ for clients after Indian firms Obhan & Associates and Mason & Associates joined forces
From AI and the UPC to troublesome trademarks in China, experts name the IP trends likely to dominate 2026
Colm Murphy says he is keen to help clients navigate cross-border IP challenges in Europe
Gift this article