Mediation has been on the ascent in resolving disputes short of trial over the past decade. In this COVID age of closed trial courts and uncertain trial dates, mediation provides an opportunity to obtain a fair resolution in a timely manner.
Two of the most frequent questions asked by parents who decide to divorce is, “What should we tell the children?” and “How should we tell them?” Most parents feel anxious before telling their children about the pending divorce. The task can generate feelings of guilt, sadness, anger and shame. Parents want to protect their children from the pain of divorce, and especially from seeing themselves as the reason their parents divorced.
Our brains are mostly divided into two hemispheres. They each have their own way of responding to conflicts, although there is some overlap. Our brains are really a combination of parts that serve different purposes. They take turns in dominating our thinking at times and generally work together – just as we have many muscles in our arms that work together rather than just one muscle.
Mediation briefs should be shared well before the mediation session: to save time in session; to give each side the full force of the other’s positions; to give each side time to carefully consider the other’s positions and calmly prepare a response; to begin establishing the settlement ballpark. Let’s consider the alternatives, their bases, and their effects.
If you are a conflict resolution professional, you are very likely to meet with angry, confrontational, and aggressive people on an almost daily basis. You may even be called in specifically to deal with them, if you are an HR professional or an ombuds. It’s almost inevitable. People in conflict are almost always emotional. Even business disputes aren’t “just business.” Our emotions affect every decision we make.
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.
Asking questions is one of the most powerful – and often misused – tools for professionals in dispute resolution settings, whether legal, workplace, mediation or anywhere. When you are dealing with high-conflict clients, it is especially important to consider the timing of different types of questions and also to know what questions you should never ask.
Clarification isn’t a new topic; looking at it from a holistic perspective maybe — when we clarify, we make our awareness field & consciousness clear. Allow me to clarify… The Mind operates on syntax and words. We all have heard the axiom that our minds create our reality, so that would imply that our syntax …
From New York, an interesting institutional approach to small-stakes dispute resolution: the Office of Administrative Trials and Hearings (OATH).According to the article, OATH was created in 1979 as an “independent alternative” to internal agency tribunals.
The 2017 Presidential election in the United States was a “wake up call” for many people. Many of us were not aware of the depth of the distributional–and moral–divide in this country.