Mediation provides parties (Plaintiff and a Defendant) with an excellent chance to settle their case. But you do not want to blow it and you want to make sure you are properly prepared to handle the case.
As they are going up the hill, from out of nowhere, Jill makes an offhand but biting remark to which Jack responds negatively. The ensuing conversation gets totally off track on whether they should go up the hill and instead focuses on Jack’s personality traits and then on Jill’s personality traits.
It’s a no brainer, right? Shouldn’t it?
Sometimes “new” information on conflict resolution sounds like what we already know, but an existing idea can be reframed and sound new all over again.
(3/28/17)Gabriel Cheong, Esq.
If you and your spouse are unable to reach agreement in mediation, you still have the option of going to court.
In the past few years Singapore has been busy revising, refining and extending its dispute resolution offerings in cross-border litigation, arbitration and mediation.
(3/17/17)F. Peter Phillips
The invaluable publisher Drawn and Quarterly has ventured smack dab into current legal controversy.
When I was twenty-two years old, I did a two-year stint as a Peace Corps Volunteer. Here is a brief account of a dispute resolution meeting with a local governing council called the panchayat.
If poorly worded, an apology can only exacerbate the situation rather than ease the hurt and pain caused by the initial faux pas.
My mediation skills, honed over many years, make it easy to shift into the role of focus group facilitator.
How many of us share the experience I have had – sitting on the last train home, late at night, with a day’s mediating behind me and no settlement?
Child-custody evaluations have become commonplace in
family-law disputes over living arrangements, parental
decision-making, and time-sharing with offspring.
The desire to be right is deeply seductive and understandable, but it can cause a lot of problems at work
The next time someone declines to take responsibility for words or actions that had a bad impact, don’t immediately assume it’s a flaw in their character.
Mediation Trainer Stuart Watson shares the wisdom of the most important elements of a mediation training gained from training new mediators over the last 15 years.
(2/05/17)Adam Halper, Lauren Groetch
To arrive at a successful resolution in mediation, you have to work for it. Mediation is hard.
“If you can’t say no, your yes is hollow.”
Conflicts that are resolved only to etch out a settlement are resolved in the shallowest sense.
This article addresses three common impasses which can become future wins when mediators frame the discussion.
The current linguistic environment is instructive, scary, and actually great fun.
In their book, "Designing Your Life," authors Burnett and Evans talk about "gravity problems," things like gravity that you cannot change no matter how hard you try.
Blame is frequently used, whether consciously or unconsciously, in an attempt to assign responsibility for something gone awry.
Individual differences matter. To be of value, mediation has to draw on these differences to elicit how the parties make sense.
Mediators have Four Noble Truths, recited to each new set of parties we work with: “This process is Voluntary and Self-Determined; we are Neutral, and everything said here is Confidential.”
(1/06/17)Jan Frankel Schau
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Often times, the parties or their lawyers refuse to accept that “Last, best and final offer” because they think they will regret making the deal and not having the time and energy to take one more deposition, find the “truth”, the “smoking gun” or exact a little more pain and discomfort towards the other side.