This guest article was written by long-time Biggerplate member Rich Vitaris.
Richard W. Vitaris is a retired administrative
judge with the U.S. Merit Systems Protection Board, a Federal agency which
adjudicates certain employment law disputes between the U.S. Government and its
civilian workforce. As an additional duty, he mediated select cases pending
before other judges in his agency. Since retirement, Rich is a registered
neutral in the State of Georgia and he writes and teaches on Federal employment
law topics including alternative dispute resolution.
Rich was trained in dispute resolution at
the Harvard Program on Negotiation, the National Judicial College, and the
Justice Center of Atlanta. He is an avid mind mapper who has presented webinars
and written blog posts on both mind mapping for the legal profession and mind
mapping in alternative dispute resolution.
What is Mind Mapping?
Mind mapping is a tool that lets you
capture, develop, and share ideas visually. It is useful for a myriad of tasks
such as brainstorming, note taking, project planning, and more. Mind mapping
can be done either with pen and paper or with software. Basic mind mapping apps
can be found for free while powerful mind mapping programs capable of project
management, and the creation of visually appealing maps for use in training can
cost over $300. The maps themselves can run from the very simple to highly sophisticated.
Whatever software is used, mind mapping is versatile and allows the user to
create maps which best fit the circumstances and the user's stylistic
preferences as to how the maps should look.
Mind mapping can be particularly useful to
mediators and other ADR professionals. Among other things: (1) it helps the
mediator prepare for the mediation; (2) it allows the mediator to capture the
options raised by each party and quickly analyze them; (3) it helps the
mediator engage in reality testing with the parties; (4) it allows the parties
to effectively weigh the pros and cons of settlement proposals; (5) if all goes
well, it facilitates the drafting of a settlement agreement; and (6) it is
highly effective in ADR training.
Because an ADR professional will use mind
mapping in the office, at home, at mediations, and while traveling, I recommend
a mind mapping program which is both web-based and available with an iOS and/or
Android app. That allows access on any computer with internet access as well as
on a tablet or, in a pinch, on a smartphone. There are three full-featured
products which meet that criteria: Ayoa, MindMeister, and XMind. Plus these
products either offer a free version with fewer features, or a free trial. The maps
in this article contains samples of all three.
Use of mind mapping to prepare for a mediation
While many mediators know little or nothing
about a case prior to the mediation, others prepare extensively. The mind map
below is a template for that preparation. Among other things, it lets the
mediator capture some essential key facts about the parties and the nature of
the case; notes on a party's previously identified positions; a party's likely
BATNA or "Best Alternative to a Negotiated Agreement;" the previously
identified positions of the parties; and the likely ZOPA or "Zone of Potential
Agreement." Modern mind mapping software allows for creation of a
virtually unlimited canvas so an enormous amount of information can be
captured. In addition, documents and hyperlinks can be easily attached to a
mind map which can be opened with a single click. A completed mind map can have
all of its branches fully expanded to let you see everything that can fit on a
screen (or scroll to see even more) or branches can be easily collapsed to
allow a user to focus on a single topic or avoid clutter. This allows a mediator
to have everything she needs to know available in one easily accessible place.
The thing to remember is that a
template—whether mine or somebody else's—is only a suggested approach. Feel
free to use it, modify it, or develop a template of your own which better
satisfies your needs. Mind mapping offers near unlimited flexibility.
Using mind maps at the mediation
I prepare the type of preparatory mind map
described above for myself. I usually don't share it with the parties except in
cases where each side filed a mediation brief and the map's content is based
upon briefs which were previously served on the other side. Instead, I will
create a new mind map for each party based on their input during caucuses. Of
course, I already have a good idea of what that new map will look like based
upon my own preparation so it is easy and quick to prepare. Like what the parties
say during a caucus, each side's mind map is subject to confidentiality rules
and should not be shared with the other side unless a party has consented to
it.
The reason mind mapping is particularly
useful for mediation and other types of ADR is because it helps parties think
critically and rationally in what is often an emotionally charged and nerve
wracking situation. Some people understand ideas better when they see them
illustrated visually. For them, a "picture"—the mind map—really is
worth a thousand words. In addition, involving the parties in the preparation
of the mind map can focus their thinking in ways which might not be possible
solely by discussion.
Mediators attempting to resolve disputes or
facilitators seeking to help a group achieve consensus know that effective
reality testing is critical to success. A court case cannot be settled by
mediation if both parties are absolutely convinced that they will win and their
opponent will lose as neither will be willing to make a significant compromise.
Why should they?
A mind map can sometimes be the very tool
needed to reality test a person's preconceived or incorrect assumptions by
allowing the individual to "see" the relevant considerations and the
relationships among them.
Below is an example from my own work. I
mediated U.S. Federal sector employment disputes, most commonly cases where a
fired civil service employee appeals to obtain reinstatement, back pay, and
other damages. However, as can be readily seen, the mind map can easily be
adapted to any type of mediation or group facilitation scenario.
This mind map shows a fired employee the
pros and cons of what will happen if he wins his case, loses his case, or
accepts one of two different settlement offers which his former employer, the
U.S. Dept. of Veterans Affairs (VA) has put on the table. Since mediations are
confidential, my example is fictitious.
If the mediator has mind mapping software,
the mind map can be built as the discussion progresses. Points are added to the
map as they are mentioned and can be easily moved around to organize the
information. All ideas should be captured to start with to give parties a sense
of “ownership”
over the mind map and its contents.
Mediation participants are quick to spot
the upside or "pros" of any possible outcome, but the key to success
in mediation is making sure that every possible downside or con is also fully
and fairly identified. The mediator, through tactful probing, should get the
parties to acknowledge the "cons" and then put them into the mind
map. For example, the mediator might ask, "what do you think might happen
if you lose this case?" and then add the answers to the map.
When, for whatever reason, I am unable to
use mind mapping software during the mediation or where a particular party is
having trouble coming to grips with the reality of his situation, I use a blank
paper template that I bring with me that looks like this:
View the editable "Should I Settle?" mind map template
This template only has room for two
settlement options. That is usually enough for my employment law cases where
one option will typically involve the employee returning to work while the
other option does not. Other times, there may only be one settlement option. If
there are three or more settlement offers, additional branches can be drawn by
hand on a blank piece of paper. Again, a mediator should prepare their own
template tailored to the particular case or the nature of their own mediation
practice.
Use of a handwritten mind mapping template
can be especially powerful if the mediator has the litigants write down the
pros and cons in their own hand. As in my example, actually writing down
"long term unemployment," and "marital stress," as an
outcome of losing the case, may help a litigant make a fully informed decision
whether a particular settlement is in his best interest. For some, writing the
cons out in their own hand makes that potential outcome far more real than just
hearing it at the mediation.
The ultimate goal is to inform decision
making, not to frighten or bully a party into a particular resolution. That's
why all the pros and cons need to be reflected on the mind map. If the mind map
is complete and fair, it can help litigants avoid the "blind spots"
that often doom settlement.
Mind Mapping in Group Facilitation
Mind mapping is also highly effect in group
facilitation. The process begins with brainstorming, one of the most common
uses of mind mapping. The facilitator had the group identify all possible ideas
and options whether good or bad, whether ambitious or modest.
While most facilitators would just list
these points on a flip chart or whiteboard, the mind mapping facilitator is
able to organize them which allows the group to weigh them and help bring the
group to consensus. Mind maps allow the group to identify the pros and cons of
the various ideas and evaluate them.
Reality testing is also vital to this
process. While the facilitator begins using the mind map for brainstorming, the facilitator must be
certain to capture all of the pros and cons of every idea and option. In effect,
the facilitator will encourage the group to perform a SWOT ("Strengths,
Weaknesses, Opportunities, & Threats") analysis for each of them with
the “pros”
being the strengths and opportunities, and the “cons,” the weaknesses and threats. This is an important key to success
because, if it is not done well, group members will tend to cling to their
original ideas and positions will become entrenched. The facilitator must
strongly encourage all group members to approach every idea and option with an
open mind, which includes keeping their eyes open to the weaknesses and
threats, not merely to the strengths and opportunities. There is no better tool
for getting this doe done than a mind map.
Here is my own group facilitation template:
View the editable Group Facilitation Template mind map
Presentations mind mapping for ADR training
Quality mind mapping software is a
wonderful presentation tool if for no other reason than that most audiences are
sick and tired of PowerPoint
presentations and love seeing something different. The best way to present with
mind mapping is to have a Master Map containing the entire presentation but
with all of the branches collapsed. The presenter discusses one branch at a
time, moving clockwise, expanding and re-collapsing branches and sub-branches
as she goes along.
Mind maps are also great for book summaries
like the one below, on the famed "Getting to Yes," essential reading
for all ADR professionals.
Conclusion
All ADR involves conversation. ADR training emphasizes the importance of
effective listening. Mediators reframe what the parties say primarily to make
sure that a point has been heard by both sides. A lot of people, however, are
visual learners in the mind map allows the ADR professionals to "show not
tell."
Mind maps help parties overcome what for
some is a major barrier to settlement — an unreasonable belief in the strength
of their case.
There are few things harder in life than
maintaining objectivity. Humans tend to hear what they want to hear and see
what they want to see. An effective mediator or group facilitator uses
discussion to make people hear essential realities. The mind map lets them see
those realities visually as well which for some makes all the difference.
This guest article was written by long-time Biggerplate member Rich Vitaris.
Richard W. Vitaris is a retired administrative
judge with the U.S. Merit Systems Protection Board, a Federal agency which
adjudicates certain employment law disputes between the U.S. Government and its
civilian workforce. As an additional duty, he mediated select cases pending
before other judges in his agency. Since retirement, Rich is a registered
neutral in the State of Georgia and he writes and teaches on Federal employment
law topics including alternative dispute resolution.
Rich was trained in dispute resolution at
the Harvard Program on Negotiation, the National Judicial College, and the
Justice Center of Atlanta. He is an avid mind mapper who has presented webinars
and written blog posts on both mind mapping for the legal profession and mind
mapping in alternative dispute resolution.
What is Mind Mapping?
Mind mapping is a tool that lets you
capture, develop, and share ideas visually. It is useful for a myriad of tasks
such as brainstorming, note taking, project planning, and more. Mind mapping
can be done either with pen and paper or with software. Basic mind mapping apps
can be found for free while powerful mind mapping programs capable of project
management, and the creation of visually appealing maps for use in training can
cost over $300. The maps themselves can run from the very simple to highly sophisticated.
Whatever software is used, mind mapping is versatile and allows the user to
create maps which best fit the circumstances and the user's stylistic
preferences as to how the maps should look.
Mind mapping can be particularly useful to
mediators and other ADR professionals. Among other things: (1) it helps the
mediator prepare for the mediation; (2) it allows the mediator to capture the
options raised by each party and quickly analyze them; (3) it helps the
mediator engage in reality testing with the parties; (4) it allows the parties
to effectively weigh the pros and cons of settlement proposals; (5) if all goes
well, it facilitates the drafting of a settlement agreement; and (6) it is
highly effective in ADR training.
Because an ADR professional will use mind
mapping in the office, at home, at mediations, and while traveling, I recommend
a mind mapping program which is both web-based and available with an iOS and/or
Android app. That allows access on any computer with internet access as well as
on a tablet or, in a pinch, on a smartphone. There are three full-featured
products which meet that criteria: Ayoa, MindMeister, and XMind. Plus these
products either offer a free version with fewer features, or a free trial. The maps
in this article contains samples of all three.
Use of mind mapping to prepare for a mediation
While many mediators know little or nothing
about a case prior to the mediation, others prepare extensively. The mind map
below is a template for that preparation. Among other things, it lets the
mediator capture some essential key facts about the parties and the nature of
the case; notes on a party's previously identified positions; a party's likely
BATNA or "Best Alternative to a Negotiated Agreement;" the previously
identified positions of the parties; and the likely ZOPA or "Zone of Potential
Agreement." Modern mind mapping software allows for creation of a
virtually unlimited canvas so an enormous amount of information can be
captured. In addition, documents and hyperlinks can be easily attached to a
mind map which can be opened with a single click. A completed mind map can have
all of its branches fully expanded to let you see everything that can fit on a
screen (or scroll to see even more) or branches can be easily collapsed to
allow a user to focus on a single topic or avoid clutter. This allows a mediator
to have everything she needs to know available in one easily accessible place.
The thing to remember is that a
template—whether mine or somebody else's—is only a suggested approach. Feel
free to use it, modify it, or develop a template of your own which better
satisfies your needs. Mind mapping offers near unlimited flexibility.
Using mind maps at the mediation
I prepare the type of preparatory mind map
described above for myself. I usually don't share it with the parties except in
cases where each side filed a mediation brief and the map's content is based
upon briefs which were previously served on the other side. Instead, I will
create a new mind map for each party based on their input during caucuses. Of
course, I already have a good idea of what that new map will look like based
upon my own preparation so it is easy and quick to prepare. Like what the parties
say during a caucus, each side's mind map is subject to confidentiality rules
and should not be shared with the other side unless a party has consented to
it.
The reason mind mapping is particularly
useful for mediation and other types of ADR is because it helps parties think
critically and rationally in what is often an emotionally charged and nerve
wracking situation. Some people understand ideas better when they see them
illustrated visually. For them, a "picture"—the mind map—really is
worth a thousand words. In addition, involving the parties in the preparation
of the mind map can focus their thinking in ways which might not be possible
solely by discussion.
Mediators attempting to resolve disputes or
facilitators seeking to help a group achieve consensus know that effective
reality testing is critical to success. A court case cannot be settled by
mediation if both parties are absolutely convinced that they will win and their
opponent will lose as neither will be willing to make a significant compromise.
Why should they?
A mind map can sometimes be the very tool
needed to reality test a person's preconceived or incorrect assumptions by
allowing the individual to "see" the relevant considerations and the
relationships among them.
Below is an example from my own work. I
mediated U.S. Federal sector employment disputes, most commonly cases where a
fired civil service employee appeals to obtain reinstatement, back pay, and
other damages. However, as can be readily seen, the mind map can easily be
adapted to any type of mediation or group facilitation scenario.
This mind map shows a fired employee the
pros and cons of what will happen if he wins his case, loses his case, or
accepts one of two different settlement offers which his former employer, the
U.S. Dept. of Veterans Affairs (VA) has put on the table. Since mediations are
confidential, my example is fictitious.
If the mediator has mind mapping software,
the mind map can be built as the discussion progresses. Points are added to the
map as they are mentioned and can be easily moved around to organize the
information. All ideas should be captured to start with to give parties a sense
of “ownership”
over the mind map and its contents.
Mediation participants are quick to spot
the upside or "pros" of any possible outcome, but the key to success
in mediation is making sure that every possible downside or con is also fully
and fairly identified. The mediator, through tactful probing, should get the
parties to acknowledge the "cons" and then put them into the mind
map. For example, the mediator might ask, "what do you think might happen
if you lose this case?" and then add the answers to the map.
When, for whatever reason, I am unable to
use mind mapping software during the mediation or where a particular party is
having trouble coming to grips with the reality of his situation, I use a blank
paper template that I bring with me that looks like this:
View the editable "Should I Settle?" mind map template
This template only has room for two
settlement options. That is usually enough for my employment law cases where
one option will typically involve the employee returning to work while the
other option does not. Other times, there may only be one settlement option. If
there are three or more settlement offers, additional branches can be drawn by
hand on a blank piece of paper. Again, a mediator should prepare their own
template tailored to the particular case or the nature of their own mediation
practice.
Use of a handwritten mind mapping template
can be especially powerful if the mediator has the litigants write down the
pros and cons in their own hand. As in my example, actually writing down
"long term unemployment," and "marital stress," as an
outcome of losing the case, may help a litigant make a fully informed decision
whether a particular settlement is in his best interest. For some, writing the
cons out in their own hand makes that potential outcome far more real than just
hearing it at the mediation.
The ultimate goal is to inform decision
making, not to frighten or bully a party into a particular resolution. That's
why all the pros and cons need to be reflected on the mind map. If the mind map
is complete and fair, it can help litigants avoid the "blind spots"
that often doom settlement.
Mind Mapping in Group Facilitation
Mind mapping is also highly effect in group
facilitation. The process begins with brainstorming, one of the most common
uses of mind mapping. The facilitator had the group identify all possible ideas
and options whether good or bad, whether ambitious or modest.
While most facilitators would just list
these points on a flip chart or whiteboard, the mind mapping facilitator is
able to organize them which allows the group to weigh them and help bring the
group to consensus. Mind maps allow the group to identify the pros and cons of
the various ideas and evaluate them.
Reality testing is also vital to this
process. While the facilitator begins using the mind map for brainstorming, the facilitator must be
certain to capture all of the pros and cons of every idea and option. In effect,
the facilitator will encourage the group to perform a SWOT ("Strengths,
Weaknesses, Opportunities, & Threats") analysis for each of them with
the “pros”
being the strengths and opportunities, and the “cons,” the weaknesses and threats. This is an important key to success
because, if it is not done well, group members will tend to cling to their
original ideas and positions will become entrenched. The facilitator must
strongly encourage all group members to approach every idea and option with an
open mind, which includes keeping their eyes open to the weaknesses and
threats, not merely to the strengths and opportunities. There is no better tool
for getting this doe done than a mind map.
Here is my own group facilitation template:
View the editable Group Facilitation Template mind map
Presentations mind mapping for ADR training
Quality mind mapping software is a
wonderful presentation tool if for no other reason than that most audiences are
sick and tired of PowerPoint
presentations and love seeing something different. The best way to present with
mind mapping is to have a Master Map containing the entire presentation but
with all of the branches collapsed. The presenter discusses one branch at a
time, moving clockwise, expanding and re-collapsing branches and sub-branches
as she goes along.
Mind maps are also great for book summaries
like the one below, on the famed "Getting to Yes," essential reading
for all ADR professionals.
Conclusion
All ADR involves conversation. ADR training emphasizes the importance of
effective listening. Mediators reframe what the parties say primarily to make
sure that a point has been heard by both sides. A lot of people, however, are
visual learners in the mind map allows the ADR professionals to "show not
tell."
Mind maps help parties overcome what for
some is a major barrier to settlement — an unreasonable belief in the strength
of their case.
There are few things harder in life than
maintaining objectivity. Humans tend to hear what they want to hear and see
what they want to see. An effective mediator or group facilitator uses
discussion to make people hear essential realities. The mind map lets them see
those realities visually as well which for some makes all the difference.
