What is a Mediation Charge?

Mediation Charge

Sixty or seventy years ago, “I’ll see you in court” meant that it was likely we were taking our dispute before a judge or jury for trial.  But as Professor Marc Galanter has repeatedly pointed out, the American trial has been vanishing for decades. The causes of the trial’s disappearance are multiple, but cost and …

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Signature Resolution: Elevated and Sophisticated

Signature Resolution

When looking for help in resolving a dispute in the Los Angeles and San Diego area, Signature Resolution provides a vast array of services and neutrals that help resolve disputes in a sophisticated, comfortable, and private environment.   The company’s mission is to provide an enhanced dispute resolution experience for clients through a higher standard …

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An Interview with Expert Mediatior Scott Van Soye

Scott Van Soye

Our ADR Times Contributing Editor, Zach Ulrich, recently had the opportunity to sit down with expert mediator and arbitrator Scott Van Soye, to discuss Mr. Van Soye’s insights into the emotions and typical negotiation dynamics of mediation, his unique perspective into employment and disability cases, and his “learned wisdom” from experience as a lawyer and …

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Mediation as the Unlicensed Practice of Psychology?

Mediation as the Unlicensed Practice of Psychology?

It is common knowledge among mediators, as well as the general public, that the unlicensed practice of law (UPL) is illegal. While there is some debate on what constitutes the “practice of law,” the rule is clear that a mediator may not practice law. On the other hand, many consider experienced attorneys and judges to …

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Convening

Convening

Dispute resolution is a process.  The beginning phase — bringing everyone together under conditions conducive to settlement — is called convening. Convening can be as simple as a few phone calls, where those involved already know what they want and are properly prepared for it.  Or it can be as complex as holding a long …

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Advantages and Disadvantages of Being a Mediation Attorney

The Role of Civil Litigation Attorneys

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 members, neighbors, or coworkers to resolve their differences, you have been a mediator. The custom of using a respected elder to help …

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Mediator’s Opening Statement

Mediator's Opening Statement

Mike was excited.  The classes were over at last, the internship was done, and he’d been approved for the civil panel. Today was his first solo mediation. He opened the door and strode in.  The lawyers and their clients looked up expectantly at Mike. He froze.  What should he say next?Where we begin a journey …

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The Mediation Community’s Dirty Little Secret

The Mediation Community’s Dirty Little Secret

We are a great group of people, us mediators. We understand how emotions and values play into conflict, we recognize the power in a solution that fits both parties’ needs, and we approach the world with a quiet confidence that any disagreement can be resolved. I love that about us. Too bad we don’t always …

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What Matters Most At Impasse

I remember reading a piece by a newspaper columnist who described the process by which someone in that field can finally claim to have mastered the trade. The aspiring newspaper columnist starts with a head full of ideas. He might even have rough drafts or outlines for many weeks’ worth of columns in a bottom …

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