After almost three years of experience mediating many of the pre-condition disputes, including those arising under representations and warranties policies, I still encourage parties to build into their policies a mediation provision. However, I would recommend the parties defer satisfying that condition until they have closed the information deficit from which they each suffer.
Read the complete story here.
From the Author: I'm grateful to Peter Adler, James Melamed, Samantha Hardy, Nikola Balvin and Claire Holland for their vital roles in getting this essay published." Synopsis Multi-party facilitations often...
By Alex AzarovAs the field of coaching takes a foothold in the conflict management world, best practices and procedures will increasingly develop. Some dispute resolution professionals have been providing various forms of...
By Cinnie NobleREPRINTED WITH PERMISSION. This article was originally published in Alternatives, Volume 21, Number 6 (June 2003). Mediating disputes with persons of diminished capacity poses unique challenges. How does mediation fulfill...
By Ellen Waldman