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Mediate.com

Reading Emotions

by Joe Markowitz
May 2017

Mediation's Place by Joe Markowitz

Joe Markowitz

In the second Guardians of the Galaxy movie, there is a character named Mantis who has the power to sense the emotional state of anyone she touches. She can't read their thoughts, but she can read their feelings. The other characters are amazed, and sometimes embarrassed, that Mantis can sense what they are secretly feeling.

The character shows that it is often more important to understand emotions than rational thoughts. The power to read the emotional state of others is important in conflict resolution, maybe more important than understanding what people think the conflict is about. Emotions rule over logic most of the time, and identifying those emotions can help establish connections that enable parties to resolve conflict.

What the movie gets wrong, however, is suggesting that reading the emotional state of others requires some sort of super-power. Usually people are pretty open about telegraphing their feelings. You can tell when they are angry or frustrated or sad or happy. Just look at their facial expression or listen to their tone of voice. The only trick is to pay attention to that, instead of focusing solely on what people are saying. One of the most useful techniques I have learned in mediation and other forms of conflict resolution is to identify the emotional state of someone who has just finished speaking. Simply tell someone who is obviously feeling angry that they are angry. Often doing that produces a better response than reflecting back or re-framing the content of what they are saying. People will agree with you if you tell them what they are feeling. And if you mis-label their emotional state, they will tell you that also, and give you another chance to get it right.  Once people feel that their emotional state is understood, they will also feel more heard than if you simply repeat back what they said. And once that happens, you have a basis for creating connections and breaking impasse.

Biography


Joseph C. Markowitz has over 30 years of experience as a business trial lawyer.  He has represented clients ranging from individuals and small businesses to Fortune 500 corporations.  He started practicing with a boutique litigation firm in New York City, then was a partner in a large international firm both in New York then in Los Angeles, then returned to practicing with a small firm and on his own.  In addition to general commercial litigation, Mr. Markowitz has expertise in  intellectual property, employment law, entertainment law, real estate, and bankruptcy litigation.  Mr. Markowitz has managed his own firm since 1994. Mr. Markowitz was trained as a mediator more than 15 years ago, and has conducted a substantial number of mediations as a member of the Mediation Panels in the Los Angeles County Superior Court, the District Court and Bankruptcy Court in  the Central District of California, as well as private mediations.  He has served since 2010 as a board member of the Southern California Mediation Association.   



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