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<xTITLE>Lessons on Improvisation from Paul Newman (1925 - 2008)</xTITLE>

Lessons on Improvisation from Paul Newman (1925 - 2008)

by Jeffrey Krivis, Mariam Zadeh
October 2008

From the First Mediation Blog of Jeff Krivis and Mariam Zadeh.

A sign famously hangs in Paul Newman’s Westport, Conn., office that reads, “If I had a plan I would be screwed.” Newman, who died of cancer this year at age 83, firmly believed in the benefit of “creative chaos,” welcoming the opinions of others whether in business or on the movie set.

Newman understood and appreciated that success in today’s age depends on how good we are at improvising rather than merely sticking to a script or plan. The concept of improvisation, while rooted in the arts and music, has widespread application to all disciplines including the legal and ADR field. At its heart, improvisation is a tool that can facilitate greater communication, learning and transformation, which are in and of themselves, the cornerstones of innovation and growth.

At the negotiating table, improvisation demands that parties deal with the reality they are presented in real-time rather than continually revisiting scenarios of what they believe could or should be. By limiting oneself to a scripted plan, options for solving problems are narrowed and opportunities for solutions are more likely to be missed, leading to a failed negotiation. Improvising instead of following a script or a plan, allows one the flexibility to stay nimble, operate more freely and authentically, and invite the participation and entrepreneurship that are essential to success as Newman aptly identified.

Biography


Jeffrey Krivis

Improvisational Negotiation. This phrase summarizes Krivis’ philosophy for a successful and dynamic mediated negotiation. A successful mediation needs both keen legal insight gained from years of litigation experience and cannot be scripted.

Exploring this idea with further study led Krivis to venture on the stage as a stand-up comedian. Ultimately, he authored a book entitled Improvisational Negotiation: A Mediator’s Stories of Conflict About Love, Money and Anger – and the Strategies that Resolved Them (Wiley/Jossey-Bass 2006). This book received the 2006 Outstanding Book Award from the CPR International Institute for Conflict Prevention & Resolution.

Krivis began his mediation practice in 1989 breaking open a niche in the Southern California dispute resolution landscape. He crafted a process that sets the stage for successful resolution. Through improvising, harmonizing, and always closing, he has resolved thousands of disputes including wage and hour and consumer class actions, entertainment, mass tort, employment, business, complex insurance, product liability and wrongful death matters.


Mariam Zadeh was an active trial lawyer in New York City until September 11, 2001, at which time her life was dramatically changed. She moved to Los Angeles, obtained her L.L.M. in Alternative Dispute Resolution from the Straus Institute for Dispute Resolution at Pepperdine University, and became a partner with Jeffrey Krivis at First Mediation Corporation. Since joining Jeffrey Krivis, Mariam has successfully mediated employment, class actions, commercial, premises & professional liability, mass torts, medical malpractice, ERISA and other tort actions as well as matters pending on appeal. In 2007, Mariam was featured as a “Rising Star” in the Southern California Super Lawyers magazine and was profiled by the Los Angeles Daily Journal. She is a published author and frequently lectures and teaches at ADR workshops and classes throughout California.