Jeffrey J. Beaton
Articles and Video:
This article examines the influence of gender dynamics in the mediation process. It further explains the ways in which gender differences are perceived by mediators and participants. It concludes with several suggestions on how to overcome these barriers to an unbiased mediation.
Thoughts on Mediating Custody
As a mediator, I have been involved in thousands of custody cases with their many nuances. Frequently, the perspectives of the participants amount to little more than parents playing out traditional gender roles. The mothers often argue a “tender years” position, and the fathers counter with a desire to be more than a mere “weekend dad.” The mediator’s role becomes especially frustrating when the parties truly believe an intractable position is in the best interest of the child. 6 Comments
Practical Tips For Mediating Employment Disputes
Alternative dispute resolution techniques, especially mediation, have become a valuable resource for both employers and employees given the current state of the economy.
The Art Of Persuasion
Whether arguing a case on behalf of a client or convincing parties that a mediated settlement offers the best hope of reaching the higher ground of resolution, there are some basic issues that each have in common. Of course, litigation and mediation are different brands of beast. I concede that a mediator should not be in the business of routinely advocating a particular outcome. Nevertheless, there are times when even a neutral must take a position in order to overcome impasse or to convince a party that a position is unreasonable.
Mediating Employment Disputes
We have received several questions concerning the approach to mediating disputes that arise in the workplace. We have found that mediation works well to resolve workplace disputes because it allows the parties to maintain a relationship while reducing adversarial tension and increasing the likelihood of a low cost/high benefit settlement.