Advantages and Disadvantages of Being a Mediation Attorney

What do mediation attorneys do? 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 …

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Definition of Facilitator: Legal Terms Explained

“Facilitator” is a word used often in alternative dispute resolution discussions, but the definition of facilitator is rarely defined fully.  Facilitators usually lead the discussion and help move the dispute resolution process forward. Finding the right facilitator can resolve a dispute with the best possible results.  But what exactly is a facilitator? Are mediators and arbitrators …

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10 Best Mediation Books of All Time

Mediation is a topic with profound implications. Therefore, it is imperative to understand how the mediation process 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 …

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Benefits of Mediation: Confidential & Convenient

What are the benefits of mediation? Often, mediation and meditation are confused. Potential customers and eager salesmen call one kind of office looking for the other service all the time.  Internet search engines bring up the wrong results, especially if there have not been prior similar searches, or the search was voice-activated. Mediation vs. Meditation …

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A Predispute Arbitration Clause – Arbitration Agreement Explained

Agreeing to arbitration before a dispute: in most signed contracts, there are predispute arbitration clauses.  Businesses and companies have been implementing arbitration as a way to resolve disputes outside of traditional litigation.  It creates a space for parties to resolve disputes confidently and efficiently while still issuing a binding decision for the parties to follow. …

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Mediation Game – Conflict Management in Action

A mediation game is how a participant in a mediation understands and strategizes during mediation to walk away with a desirable outcome.  This includes understanding the basics of mediation, the different types of mediation, and the training that a mediation participant has had.  In some cases, mediation training can also include actual mediation games played …

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What is Alternative Dispute Resolution (ADR)?

Alternative dispute resolution (ADR) is a blanket term used to speak to a series of defined processes that conflicting parties can use as an alternative to traditional litigation. The principle is comprised of two traditional methods for settling disputes that opposing parties may opt for when an agreement is being sought. The first is mediation, …

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Arbitration Pros and Cons and Do’s and Dont’s

When considering whether arbitration may be the best option for your claim, it is incredibly important to consider the arbitration pros and cons.  While arbitration has many benefits that make choosing arbitration the best option in a variety of cases, there are occasionally disadvantages that may make parties consider other options for dispute resolution.  This …

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BATNA & WATNA: Finding and Using Negotiation Power (Part I of III)

The goal of an alternative dispute resolution (ADR) process is to come to a resolution together so that the parties can both agree on and avoid the eventual litigation that could arise in the dispute. However, not every mediation or negotiation ends in a settlement agreement, and the knowledge that the parties may walk away without …

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How to Prepare for a Real Estate Arbitration?

How to prepare for a real estate arbitration? When problems arise in buying or selling real estate, many participants have started to turn to real estate arbitration and mediation.  Buying and selling real estate is a big decision, whether it is a family home or a giant corporate center.  Negotiating and agreeing on a price …

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