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What good is identifying interests if once they are identified, they are beyond one’s ability to comprehend? How can parties whose motivation is based on completely different moral values negotiate the termination of hostilities? Two recent works, one readily available and the other relatively inaccessible, attempt to shed some light on the complex subject of seemingly intractable human conflict.
Many, if not most, mediators are already using the Internet to some extent for business promotion and in their practices; use email to communicate with clients and colleagues; send "attached" files with email; know how to highlight text in a file, to change fonts and colors. A large number of mediators now have websites where they describe and promote their services. And many of our clients are even more advanced. Use of the Internet in your practice will soon shift from being an appealing augmentation to being an absolute necessity.
As we turn the century clock ahead, lawyers stand witness to a unique marriage, one in which the knot has been tied between the private non-adversarial system of mediation and the public, adversarial process known as the Civil Justice System. The Civil Justice System had the mediation community gnawing at its bedside since the door was opened to this innovative approach to resolving disputes at the Roscoe Pound Conference in 1976.
The Internet is changing the way divorce mediation is practiced and experienced. Learn how the Internet is becoming an ever more integral part of effective and affordable divorce mediation services and programs.
As a mediator, when I consider this question, I come up with the obvious answer. It is the one that all mediators would agree upon. Namely, "When the parties want and believe that the consideration of the race, gender or culture of the mediator would help resolve their dispute.
The most profound development in the legal profession is the rapidly growing field collaborative law. Collaborative law refers to an approach to dispute resolution in which the parties are represented by counsel of their own choosing, however the attorneys are chosen because they belong to an identified group or association and have made a commitment to represent their clients in reaching a settlement without resorting to any form of litigation or any adjudicatory procedure.
For some, congealing a uniform understanding of mediation practice and standards gives a long-desired sense of symmetry and legitimacy that purports to fend off the chaos and confusion of multiple views and disparate statutory schemas that looms over the field. Overall, that purpose is not without some merit. Yet, some skepticism remains over the ramifications and implications of the UMA. Is the Act like a Trojan Horse, holding within its' belly foreign agents poised to descend on the field?
The Uniform Mediation Act was approved and recommended for enactment in all the States in August, 2001. These views are the author's but may be submitted to various organizations for consideration.
So what is the right time to mediate? The answer is different in each case. The best way to find out is probably to talk to your adversary.
The U.S. Uniform Mediation Act and the Draft UNCITRAL Model Law on International Commercial Conciliation
This article provides an overview of the Uniform Mediation Act (UMA) and of the Draft UNCITRAL Model Law on International Commercial Conciliation (Law). Both were adopted in 2001.
The Uniform Mediation Act is now being introduced in state legislatures. In every state there are Uniform Law Commissioners, whose role is to work to replace their state's existing laws with the UMA. This article provides background information on the UMA and summarizes significant differences beween the UMA and the law on confidentiality in California.
The Americans With Disabilities Act (“ADA”) requires employers to reasonably accommodate the disabilities of their employees. According to the implementing regulations, reasonable accommodations are to be determined by what is termed an interactive process.
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