Paula M. Young is an associate professor at the Appalachian School of Law located in Virginia teaching negotiation, certified civil mediation, arbitration, and dispute resolution system design. She received in 2003 a LL.M. in Dispute Resolution from the top ranked program in the U.S. She has over 1400 hours of alternative dispute resolution training. Missouri and Virginia have recognized her as a mediator qualified to handle court-referred cases.
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A Connecticut Mediator In A Kangaroo Court?: Successfully Communicating The “Authorized Practice Of Mediation” Paradigm To “Unauthorized Practice Of Law” Disciplinary Bodies
This article analyzes the disciplinary proceeding brought against Dr. Resa Fremed and the statutes and precedent on which the Connecticut Statewide Grievance Committee relied in finding that she had engaged in UPL. The analysis is highly critical of the decision.
The Where of Mediation: Choosing the Right Location for a Facilitated Negotiation
Very few authors have considered the importance of choosing a comfortable location for mediation. Thoughtful consideration of the mediation environment enhances party self-determination, supports quality decision-making, and can enhance the appearance of the mediator’s neutrality. It could be the most important decision made by a mediator or a lawyer representing a party.
The “What” of Mediation: When Is Mediation the Right Process Choice?
As mediators, lawyers, and their clients gain more experience with mediation, fewer and fewer types of disputes will seem less amenable to the process. Even if mediation only succeeds in improving the parties’ communication, in identifying their underlying interests, in narrowing the issues in conflict, or in helping them more carefully evaluate their litigation option, it can move the dispute towards a quicker, more cost effective resolution.
The Who of Mediation - Part III: Lawyers in the Mix
How lawyers prepare clients for mediation depends on their client representation skills, their experience with the process, their attitudes towards mediation, their expectations about the process, and the client’s expectations about the process. Over ten years ago, I represented a client in mediation for the first time. Instantly, I was a “true believer.” After that transformation in perspective and professional goals, I have spent the last decade assembling the skills I need to teach students about mediation, represent clients in the process, and serve as a skilled neutral. While mediation may no longer be the latest fad, lawyers still have plenty to learn about effectively using the process on behalf of our clients.
The Who Of Mediation-Part I: A New Look at Mediator Styles?
In 1994, Len Riskin, the C.A. Leedy Professor of Law at the University of Missouri-Columbia and Director of its Center for the Study of Dispute Resolution, inadvertently started a great debate about what “style" of mediation was "best"?
The Who of Mediation - Part II: Wisely Choosing a Mediator
Just about anyone can hang up a shingle advertising his or her ability to conduct private mediations. For lawyers and clients and other mediation parties, this information should tell you that the “buyer [must] beware.? You need to take the time to choose your mediator wisely and with care. Mediators vary greatly in skill, training, experience, and temperament. Parties choosing a mediator must approach the task on a case-by-case basis, considering the facts, emotions, relationships, and law of the dispute as they may affect the attributes you need in mediator.
As Trials “Vanish,” Alternatives Play a Dominant Role in Dispute Resolution
For nearly twenty years, I described myself as a litigator, but harbored an unspoken insecurity that I could not call myself a trial lawyer. “Huh?” you say. Let me explain. For over ten years, I served as general counsel to the receiver of the then-largest property and casualty insurance insolvency in U.S. history. During that time, I successfully “litigated” nearly $60 million in claims against reinsurers, but actually participated in one trial involving those claims.
Overcoming Impasse in Mediation: A Short Literature Review
At each national ADR conference, mediators flock to the programs on overcoming impasse in mediation. This article will provide practitioners a list of additional resources they may wish to read on overcoming impasse. But first I want to consider why impasse may occur.
Emotions in Mediation – Yours and Theirs: The Good News is they Matter
Daniel Goleman’s book, Emotional Intelligence: Why it can Matter More than IQ (Bantam 1995), stayed on the New York Times best seller list for 80 months, with people buying six million copies. The popular response to his book suggests that people are yearning to understand the role of emotions in their lives.
The Promise of Restorative Justice: Peru’s Truth and Reconciliation Commission Issues its Final Report
If the experience of the South African people is any measure of the experience Peruvians may expect, the TRC process has its limits. The world will watch to see if the Peruvian TRC process better fulfills the promise of restorative justice.
Consciously Incompetent: A Mediator’s Cycle of Learning
This article explores the four stages of skill development, from the perspective of the mediator: (1) unconscious incompetence, (2) conscious incompetence, (3) conscious competence, and (4) unconscious competence.
Practical and Ethical Limits to Lying in Negotiations: Protecting Your Reputation as a Trustworthy Negotiator May Matter More than You Think
Ask most lawyers if it is okay to lie in negotiations and I suspect most of them will concede that a little lying is part of the game. Recent research suggests that protecting your reputation and your bargaining effectiveness is reason enough to remain honest and candid in negotiations.
Overcoming The Fears Of Freedom, Responsibility And Loss: An Opportunity Riding On A Dangerous Wind
Pushing through our fears of freedom, responsibility and loss allows us to change in ways that are likely to resolve the conflict. It allows us to face those aspects of the conflict that find their source solely within us. It forces us to discover who we really are, what we really need and where our dreams may take us.
Black and Red, White & Blue: What Choices Do We Have to the Attacks on America?
Forgive me if I join the call for a peaceful dialogue and justice through international criminal law. As a mediator and trial attorney, I have faith in the integrity and success of both processes. Forgive me if I chose to wear black in respect for the missing and dead, but chose not to wear a flag in support of a call to war. Forgive me if I ask for the courage to look for a skillful resolution that does not involve violence.
The Game is Changing
largely a competitive game of one-upsmanship. As a mediator, I know a better game.It has fewer rules, but it requires more diverse skills.
Online Mediation: Its Uses And Limitations
business moves to the internet, so do commercial disputes. Websites
offering mediation and other online ADR services are proliferating.Generally, they fall into two categories(1) blind bidding and (2) discussion based
processing of disputes.
Mediation and the Power of an Apology: The Case of the Missing Snowman
Mediation provides a forum in which forgiveness and apology play a critical role in reaching emotional resolution of the dispute. In assessing your client’s interests and needs, how does apology fit in to the mix?
ADR – Ethically Speaking
I recently had a conversation with an attorney who did not know the difference between early neutral evaluation and mediation. I meet many lay people, often the clients of other attorneys, who do not know the difference between arbitration and mediation. “So what,” you say. Take a minute to consider whether practicing attorneys have an affirmative ethical duty to know more about alternative dispute resolution (ADR).
One-Text Mediation Process: Clinton's Christmas 2000 Proposal To The Israelis And Palestinians
President Clinton, in the final
days of his administration, provided a proposal for peace between the Israelis
and Palestinians. Clinton has used a
negotiating approach called the “one-text process.” It sharply contrasts with the “concession-hunting” process
typically used in negotiations between highly polarized parties.