This article explores how the glorification of our ingroup (those whom we share identity with) contributes to conflict.
Use these strategies to avoid pitfalls and make the most out of virtual mediation. Especially during Covid-19, virtual mediation can and must be facilitated with excellence.
Both parties must enter a mediation with good faith, meaning that the parties have the sincere intention of trying to find a resolution in the dispute.
I’ve said it before, and I’ll say it again. We use rotten language to describe our ideas and theories.
Today’s post explores how best to present yourself in a virtual mediation.
Probably every student and instructor has had difficult challenges this year accommodating to the routines needed because of the pandemic.
It is a duty, I believe, on the part of those who belong to the legal fraternity, to do the needful to disseminate the same by participating and organizing legal awareness drives, so that in the long run, the scope of alternate dispute resolution not only looks good in the black and white text, but also as being applied and implemented in its practical sense to reduce the load on our already over-loaded judiciary, and also to aid in the speedy settlement of disputes and better the access to justice.
This article illustrates that mediation improves conflict resolution and is associated with increased activity in the nucleus accumbens, a key region in the brain's reward circuitry.
Do you have to be an attorney to be a divorce mediator? The short answer is no. The long answer is important to unpack though.
Mediator fit is really important.
Why an uncontested divorce makes sense for high net worth couples.
Let’s take a simple example to show why a back of the envelope calculation could provide a completely inaccurate picture of the value of the marital vs separate portions of a joint account.
Employee contracts, which were rarely straightforward before the pandemic, are particularly complicated now.
There is a saying among mediators: often at the start of a mediation, the mediator is the only optimistic person in the room. She is the only one who believes the matter will settle.
Divorce or separation is a big challenge in itself.
Today’s post explores the role of body language in virtual or remote mediations, where mediators see participants in a box and on a screen as opposed to in a chair and in person.
(8/14/20)Lucia Kanter St. Amour
Now How Do We “seal the deal”?
The journey taken by the Lagos Multi-Door Courthouse (LMDC) from when it first started till now is a clear indication that there is a buy-in from all stakeholders and disputants that ADR through the LMDC works because of its success story -with access to justice as some literature has revealed.
“When there is a patient listener, the speaker starts listening to the speaker within the speaker.”
(7/31/20)Rich Smukler, Gabriela Szlak
If a person during a caucus session tells the mediator that he committed a crime which had nothing to do with the case in mediation, what does the mediator do?
Since the untimely and senseless killing of George Floyd in Minneapolis on May 25, 2020, the response from many organizations, places of work, and corporations have been to hold listening sessions specifically for African Americans to “share their story” with their peers.
(7/17/20)Charlie Young, Bob Wright
Aspects of ODR have been with us in one form another for decades.
(7/16/20)Forrest (Woody) Mosten
In recent efforts to improve law enforcement’s role in serving our communities, a major issue is whether police departments can be assisted or replaced by professionals better suited to handling citizen calls on some issues.
In a recent DRLE listserv colloquy, I threatened to save for another day an extended rant about why we are so doggone attracted to using confusing jargon. That day has arrived.
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COVID-19 has created additional need for legal services in many areas, including housing, consumer law, employment law, probate, family law, domestic violence advocacy, criminal law, among others.