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Attorney Advocates in Mediation

There are many books and articles explaining how mediators do or ought to mediate, but very few on how a lawyer should represent a client in ADR. In fact, some academics argue that lawyers have no place there.  In reality, lawyers have a duty to use ADR if it is appropriate, and to do it well.  This article can help counsel fulfill that duty.

Med-Arb May be Right for Your Business Dispute

Med-arb is a long-standing and robust practice that combines the flexibility and self-determination inherent in mediation with the certainty and finality of arbitration.   The purpose of this article is to introduce the med-arb process to those unfamiliar with it, and to suggest that those involved in business disputes explore this alternative.

Emotions in Negotiation - The Effects of Emotion & Methods to Maintain Control

For years it was accepted wisdom that people could and should leave their emotions outside the negotiating room door. Now, research teaches us that we can't disregard our emotions, and that when we try, we make poor decisions. But when we let our emotions get the best of us, they strongly affect negotiating behavior and our success. Part 1 of this comprehensive article explores the effects our emotions have on negotiations.

Confidentiality is the 'Heart' of Mediation

In almost every ADR session, the neutral informs the disputants that the session is confidential, and they can speak frankly.  While this is usually true, there are important limitations that ADR consumers may not be aware of.  Before you disclose the next sensitive trade secret or embarrassing personal fact, read this article.

Context is King: A Practical Guide to Reframing in Mediation

Mediation of a conflict moves forward, in part, through the mediator’s efforts in reframing each party’s internal characterization of the dispute. In this practical guide we look at the varying definitions of reframing, link these definitions to the purposes of reframing, outline the many ways a mediator can reframe disputes, and explore the advantages and pitfalls.

Why Does Mediation Work?

What is it about the process of airing our grievances in front of a stranger that makes it easier than direct negotiation with your opponent?

The Basics of Framing & Reframing

Frames are the stories we tell ourselves and others about the origin and nature of the conflict. Frames impair our ability to settle because they blur details and often cause us to ignore viable solutions that don’t fit our preconceptions. Reframing challenges the usefulness of our filters, and forces us to look at our conflict differently. Reframing is an absolutely vital skill for anyone trying to resolve a dispute-- or for that matter, win an argument.

An Introduction to The Five Stages of Mediation

Mediation is negotiation with the assistance of a neutral third party. It is a process, and like other processes has stages. Those stages are different depending on which role you play. But either way, each stage requires your active participation if you are to succeed. In this article we detail the 5 stages of mediation for mediators and disputants.


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