Regarding communications in arbitrations and mediations, a neutral who interacts with litigants from different backgrounds may wish to establish common ground, emphasize similarities, and establish empathy to help the litigants feel more comfortable in the exchange. Also, the participating attorneys representing the litigants may wish to build a rapport not only with their clients, but with the neutral in order to be more effective communicators and better listeners.
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Randy Lowry talks about how the institutionalization of mediation as a positive within court and justice systems.By L. Randolph Lowry
The full text of the article is available here. What follows is the table of contents and the introduction. I. INTRODUCTION II. THIS ARTICLE III. A CONNECTICUT MEDIATOR IN A...By Paula Young