Earlier this month, my colleague Linda Bulmash published her July 2010 edition of Negotiation Tips for the Los Angeles County Bar Association (volume III, No 10, July 2010). Entitled “Avoid Confrontational Language”, Ms. Bulmash discusses what a mediator learns early on in her training courses: watch the words you use; be non-confrontational in your active listening and reframing.
To convey this notion of being able to disagree without being confrontational, Ms. Bulmash points to Roger Dawson’s formula: “Feel, Felt, Found”:
“Take a phrase we often hear in legal negotiations and mediations: “That is a ridiculous and insulting offer.” Armed with Dawson’s “feel, felt, found” formula, you can respond as follows:
“1. FEEL: “Please help me understand why you feel that way.” Or “I understand how you would feel that way.” “
“2. FELT: “I have been in your position and have often felt that way too.” “
“3. FOUND: “And, what I have found is that taking a step back to listen to what the other side has to say about why this is so insulting, often opens the door to other possibilities that might satisfy your interests.” “
That is, do not argue; instead, agree with the other party but spin it in such a way that will benefit you.
In my mediation practice, I conscientiously avoid confrontational language. This formula will lighten my task. It is an easy one to remember and to put into practice. And I know by doing so, I will get a lot more agreement. As they say: “you can catch more flies with honey than with vinegar”.
. . .Just something to think about!