Developing True Mediation Competency

By Bruce A. Edwards, Esq. The Key to Developing True Mediation Competency In addition to skills training in mediation, what do mediators need to improve their mediation competency?  While mediation skills training remain essential to the practice of mediation, the key to developing mediation competency begins with self-reflection and self-management.  Before we can effectively assist …

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Morton’s Resolution Model: The Resolution of Conflict

Conflict is often painted in a bad light.  It can make people feel uneasy and often contributes to the breakdown of relationships. However, not all conflict is destructive, and there are times when conflict may be beneficial for a situation or relationship.  The idea that conflict will have either constructive or destructive results is the …

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Structural Barriers to Good Communication and Agreement

Structural Barriers to Communication - ADR Times

Communication is an important part of any workplace or group setting, and a key component of reaching agreements.  When communication is healthy, a workplace or group can be productive and reach its objective.  When communication breaks down, other aspects of the workplace begin to fall apart as well.  In some cases, communication breaks down as …

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Ineffective Communication Examples (+ Definition & Factors)

Ineffective Communication

One of the best ways to learn about a topic is through examples; ineffective communication is no different. Unfortunately, many people struggle to identify ineffective communication because the examples they have been given are either too obvious, unhelpful, or so specific to a situation that they are not replicable in the real world. Because of …

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Defining Partiality

Defining Partiality

How to define partiality? Within the alternative dispute resolution sphere, the word partiality, or more commonly impartiality, is used often, but for some new to the field, it can be difficult to define.  I t often feels like a type of action that would normally be easily identifiable, but in the world of alternative dispute …

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Narrative Mediation Process Explained

Narrative Mediation

Narrative mediation is a style of mediation that focuses on the story of the relationship between the people who are in dispute and looks to heal this relationship as well as resolve the dispute.  It focuses on how each party tells their story and the unique moment where the stories intersected in a way that …

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Marriage Mediator: Why do You Need One?

Marriage Mediator

When couples are facing issues with their marriage and are starting to consider divorce, a marriage mediator may be an answer to saving the marriage that the couple did not know existed.  While most people associate mediation and marriages with divorce mediation, there is a growing practice with mediators stepping in before the parties are …

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Mediating Wrongful Death Cases

mediating-wrongful-death-cases

The necessity for mediating wrongful death cases comes when we least expect. A late-night phone call jerks you awake.  Who could it be at this hour?  Filled with a nameless dread, you answer.  Good news could have waited until morning.  As the caller speaks, you have a sense that everything normal has been ripped away.  …

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Framing And Reframing

Nicole was frustrated: “I know I’m behind on the rent – business is slow and I can’t afford $9,000 a month for this place! George needs to get real! He’s made a ton of money from me.  He needs to stop being so greedy… I only can pay $7,000 a month… at least until business …

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Creating a Better ICSID

In improving the International Centre for Settlement of Investment Disputes (ICSID), the following competing interests must be considered: need to promote efficiency, need to unify the diverse jurisprudence of international investments, and need to promote investments abroad.  Jack Coe wrote the following: “Sustained momentum toward an award is also often countered by the need to …

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