One of the most noticeable issues that could arise in a negotiation or mediation is an imbalance of power. Often one of the hardest issues to overcome if the neutral or the parties are not prepared, and still difficult when the neutral is prepared, an imbalance can easily throw an otherwise successful dispute resolution process.
Almost everyone has been a mediator. It’s true. If you have stepped into a dispute that had nothing to do with you, and tried to help friends, family, neighbors or coworkers to resolve their differences, you have been a mediator. The custom of using a respected elder to help disputants reach agreement has been going on for thousands of years.Mediation is just something we do as social creatures
Win-win, win-lose, and lose-lose are game theory terms that refer to the possible outcomes of a game or dispute involving two sides, and more importantly, how each side perceives their outcome relative to their standing before the game.
James F. Ring and some colleagues gave a fascinating talk at the recent ABA Dispute Resolution Section on Game Theory; Where it started was cutting a cake; Where it ended was cutting out the lawyers, at least by implication.
Intractability is a controversial concept, which means different things to different people. Some people on the initial BI project team intensely dislike the term, as they saw it as too negative: intractable conflicts are impossible to resolve, they say, so people think they are not worth dealing with.
Many attempts have been made to link theory to practice, yet mediation, particularly in the context of litigated cases, stubbornly defies scientific evaluation’s; That explains why I expected to dislike Debbie De Girolamo’s treatise, The Fugitive Identity of Mediation: Negotiations, Shift Changes and Allusionary Action.
The Americans With Disabilities Act (ADA) requires covered employers to grant reasonable accommodations to those otherwise qualified employees who are able to complete the essential functions of the job with or without reasonable accommodation. The employer may negate the duty by showing that the only possible reasonable accommodations impose an undue hardship on the employer.
The more complex our society becomes, the more complicated its litigation grows. By 2018, one-half of the federal docket was consumed by multi-district litigation — multiple cases concerning the same subject spread across the country. Add to that mass-tort litigation, class actions, products liability cases, multiparty construction litigation, and the flood of “normal” civil and criminal cases, and it’s clear our judiciary needs help. One source of that help is special masters appointed under Federal Rules of Civil Procedure 53.
Most people probably do not recognize a distinct difference between the terms “conflict” and “dispute.” However, many conflict scholars do draw a distinction between the two terms. As is unfortunately common in this field, different scholars define the terms in different ways, leading to confusion.
The companion provision to mediation confidentiality is the mediation privilege, which makes evidence of mediation communications inadmissible in future legal proceedings. As with the confidentiality provisions discussed above, local laws are a crazy quilt, with only about half the states having adopted the UMA or similar provisions. The federal courts are even more inconsistent.
Mediation is a topic with profound implications. Therefore, it is imperative to understand how it works and how it can benefit a person’s life. Two loved ones quarreling can be complicated, but even something as simple as two coworkers arguing can be challenging to deal with every day. Hence, learning how to use mediation in a person’s life can profoundly affect their everyday life. As a result, one can search for the top ten best mediation books of all time, organized here in October 2020, for your reference.
Many people have gone through, or at least heard of, divorce mediation. In that process, parties try to reach agreement about the division of property, spousal and child support, custody and visitation. Of course it doesn’t solve everything. All of these ideas are fairly familiar.