By Jasper Ozbirn 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 …
By Zach Ulrich Our ADR Times Contributing Editor, Zach Ulrich, previously had the opportunity to sit down with expert mediator and arbitrator Scott Van Soye (now Managing Editor of ADR Times), 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 …
When parties have difficulty discussing the issues with the other party in the room, the mediator may decide to move to caucus mediation. Caucuses can be a powerful tool in mediation, but some downsides need to be considered when considering a caucus. The mediator’s style will also impact when caucuses are used. Some mediators will …
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 …
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 …
In the early stages of a case, the parties may find out that they are required to attend a meeting called a case management conference. A case management conference is the first step in moving the case forward and gives the judge and the parties the chance to see what the case is about and …
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 …
In the first of this pair of articles, we discussed the definition of a power imbalance, identified the types of power that may be utilized against another party, and the early signs of a power imbalance. Once a neutral identifies that one of the parties has more power than the other and is using their power to make the negotiations end in their favor, it is important for the neutral to act quickly to attempt to bring the power in the negotiations into balance between the parties.
One reason I started this site was because there didn’t seem to be all that many blogs on mediation, so I thought I might be able to contribute to the discussion. Since I started, some have dropped out, and new sites have cropped up. Here is a list of some sites that have mostly been around longer than I have, and that I tend to turn to most often.
There aren’t many benefits to being in a bad mood, even if that’s your reliable, long-standing default mode. Being in a bad mood can make you less effective, less open to creative solutions, and due to stress, it can affect your health. Most peoples’ jobs have a degree of stress, some much more than others.