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Using a recent California appellate decision as a jumping off point, it identifies problems with mandatory mediation and recommends that courts use good dispute system design procedures to reduce risks of creating Frankensteins – mediation that produces injustices.
It’s clear that COVID-19 has catapulted Online Dispute Resolution (ODR) into the spotlight. In this universally stressful year, there is great promise for online mediation.
Even seasoned mediators and trial lawyers, may not be aware of participants’ reaction to one aspect of the mediation process—the bargaining.
As efforts ramp up to address the impending eviction crisis, I thought I’d revisit studies of two existing eviction mediation programs (in Minnesota and St. Louis) that were published last year.
Have you ever thought about how different things would be if high level conflict resolution professionals were more involved in politics?
As difficult as a divorce can be for a married couple, it can be just as upsetting and confusing for the children of the relationship.
For many, campuses of higher education institutions are where students will develop their identities.
A quarter century ago, Professor Leonard Riskin published an article describing a grid of mediator orientations including a facilitative-evaluative dimension.
The Harvard Program on Negotiation published an article worth discussing on April 19, 2021 on “The Mediation Process and Dispute Resolution”.
It seems to me – based on my work as a conflict management coach and, well, just as myself – that one of the things that leads to interpersonal conflict is when we have expectations of another.
(4/23/21)Bruce Ally, Maurice Ford
Larger companies in the industry have access to formalized systems including human resources departments--what about others?
(4/23/21)Celeida Maria Celentano Laporta
In view of this article’s theme, which concerns the management of labor conflicts, we will focus in particular on the legal institute of mediation and its effectiveness.
This article discusses pitfalls to avoid with settlement offers made under Code of Civil Procedure section 998.
Mediation is the fine art of getting everyone on the same page. To do this, one must bring their whole being to the table, to be present, and to look past their own biases to see the real person on either side of the issue.
There are a lot of reasons why couples decide to get divorced. Financial troubles, lack of communication, continual arguing, unrealistic expectations, lack of intimacy, infidelity, and abuse are among the more common reasons why couples split up.
This article identifies four approaches to environmental policy-making or problem-solving.
Psychological safety is an important element in successful, productive work cultures. So what does that look like?
Guided Mediation is a collection of best practices and tools in actual use that increase mediation efficiency, get earlier settlements, reduce legal and consultants’ fees, and minimize business disruption.
It can be easy to get so wrapped up in the details of the present you forget about what is next. Do not make that mistake!
As many of you may know, mediation is not used as often as it should be to resolve international patent litigation. But is this also the case within the industry?
Separation is challenging; going through a separation during a pandemic can be more challenging.
“Don’t find fault. Find a remedy.” (Henry Ford)
While Henry Ford’s quote might well apply to making cars and running a business, it also has application to our interpersonal disputes when one of the common things many of us do is find fault with the other person.
CPR’s Mediation Committee presented Los Angeles mediator Jeff Kichaven on the limits of mediation confidentiality at a March 16 online program that provided attendees with cutting-edge and occasionally controversial practice guidance on confidentiality, and avoiding neutrals’ liability disclaimers, as well as ethics continuing legal education credits.
(4/10/21)Robin Brzobohatý, Tereza Hanajová
While debriefing immediately after a co-mediation, an interesting question arose: “Does a reflection always have the same function regardless of the context?”
Mediation is often considered the best option to work out a conflict and salvage a relationship.
One of the most important things a mediator must do- if not the most important- is to build trust and rapport with the parties. In pre-Covid days, this was a bit easier; the mediator could sit face to face with each party and schmooze.
Prior to the pandemic, virtual hearings for labor-management arbitration and mediation were rarely used but since its start and acceleration, virtual platforms are now the dominant forums for arbitrations and mediations. Will the adoption of virtual interactions continue after the pandemic or will in-person approaches return?
Disagreements are a part of human nature. As long as people exhibit diverse traits stemming from different experiences, their opinions will differ.
In this podcast, Laura highlights how a well-crafted clause can be essential for an organization in achieving fair, resource-efficient outcomes, especially as courts continue to face backlogs.
Why do you think so many people do not feel gratitude? How would you articulate why a simple emotion can be so elusive?
This article focuses on creativity and negotiation role models.
Some of us call it the muddy time. It’s the time in between the decision to divorce and when the actual divorce is made final.
To enhance communication flow and joint involvement in certain decision-making areas, agreements need to be well planned-out.
When I got married, I found that one of the strangest transitions wasn’t to being newlyweds or calling him my husband but was more related to my new in-laws. I think that often in-laws, especially mothers-in-law, have gotten a bad rap in popular culture.
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Getting divorced can take just as big of a toll on the kids as it does the adults involved. Fortunately, divorcing parents can help to mitigate the negative impacts of divorce on the entire family in a few key ways, namely with mediation. Learn how mediation can work for your family here.