Litigation vs ADR – Different Strokes for Different Folks
This article describes the cultural, economic and structural changes in the legal and business communities that have transposed “Alternative Dispute Resolution” (ADR) from a “cross-practice” which litigators engage in when they are contractually required or court-ordered to do so to a fully-integrated but increasingly separate and distinct set of dispute resolution services to be offered by law firms or other private “Dispute Resolution Firms”, “Groups”, and “Individual Professionals”.
Nesting a New Co-Parenting Arrangement
Divorce is a hard process and perhaps nobody knows this better than the children of divorced parents, who can find themselves caught up in a situation over which they have little control facing an uncertain future.
Interview with Chip Rose
This is the complete interview by Robert Benjamin with Chip Rose, a national leader in the fields of divorce mediation and collaborative practice, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
Making Mediation Sexy?!
It’s that time of year again! Mediation Awareness Week is about to kick off in Ireland, the UK and many other countries around the world.
What’s In It For Us?
The vast majority of people still have confusions, if not difficulties, in having a clear representation of WHO a mediator is, WHAT is it that a mediator aims to achieve, for WHOM, WHAT he or she does, and maybe more importantly, IF, WHEN and WHY would someone benefit from using mediation and mediators.
10 Things I Hate About Prenuptial Agreements
Don’t get me wrong – I’m all for prenuptial agreements in second marriages, especially where there are children of the first marriage. But many of the prenuptial agreements I see are for first marriages and are unfair, badly conceived, and very destructive.
Transforming Disputes into Transactions via Collaborative Law
Michael A. Zeytoonian
When I work with people to help them resolve their disputes, I often find that they are very preoccupied with finding fault and placing blame for what has happened to trigger the dispute. We spend a lot of our energies, time and emotion – clients and lawyers alike – looking backward at what happened and seeing who we can hold liable.
The Future of Mediation: Changing the Default of Fault
Will the future of mediation be, as Woody Allen remarked, “much like the present, only longer”? Given what we know about human nature, systems, and the resistance of each to change, that’s perhaps the safest prediction. But it’s also a less than hopeful prognosis, because mediation has much to offer the future, far more than it has achieved at present.
Overcoming Reluctance to Engage in Mediation
Many attorneys know and appreciate the benefits of mediation. Those who are familiar with the benefits of mediation readily propose and eagerly participate in it. However, should you encounter any resistance, how can it be addressed?
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This is kind of a chicken and egg situation. Which came first, the possibility of reconciliation or choosing to use the Collaborative process?