Great Expectations of Mediation

Great Expectations of Mediation

Donald ambled into the conference room with difficulty. He looked like a nice, working class man in his retirement years, but the gray pall he carried indicated his health wasn’t going to let him do a whole lot of fishing on his beloved Lake Havasu any time soon.Donald slipped in a puddle of water at …

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Five Stages of Mediation – Introduction

What are the 5 stages of mediation? Let’s take a look. Jim and John had been successful design partners for six years. The business had grown from the two of them to twelve engineers. Now Jim wanted to accept an acquisition offer, but John wanted to expand while they could buy new buildings cheaply.  If …

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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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The Mixed-Motive Exchange

We humans are social, but also individual. We often need help to succeed or excel. For example, early man was a poor match for a mastodon or prehistoric bison. He could hunt or gather smaller, less nutritious food alone. But he needed to hunt in a group if he were to take such dangerous high …

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Conflict Management vs Conflict Resolution

When people are in conflict, they can choose either conflict resolution or conflict management.  While some people see the two options as the same, they are actually different processes that can shape the way conflict is dealt with and if it is resolved.  The two processes have different objectives and will often achieve different outcomes …

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Mediation Advocacy

Mediation falls under the heading “alternative dispute resolution” (ADR). Alternative to what?  Litigation, of course. Yet the courts now frequently require ADR as a pre-trial part of the litigation process.  The co-opting of ADR into litigation has changed it.  For example, arbitration has become more formal, lengthier, and costlier – so much so that corporate …

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What Should Appellate Mediation Look Like?

For a case to reach the appellate level is a rare feat indeed.  It has been estimated that nearly ninety-five percent of all cases will settle before trial. Of the remaining five percent, only the most difficult and stubborn will proceed to the appellate level.  This creates a unique environment for alternative dispute resolution (ADR).  …

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The Riskin Grid: Mediator Orientations

The classic definition of a mediator is one who, without decision-making authority, assists in the resolution of a dispute between two or more others,  Mediation is everywhere; moms do it for their kids, kids do it for their friends, bosses do it for their workers, and so on. Have you tried to calm an argument …

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Decreasing the Risk of Legal Malpractice Claims

The American Bar Association (ABA) conducts extensive survey on legal malpractice claims every four years. The survey concludes that every practicing lawyer is potentially at risk for legal malpractice. It was once believed that solo practitioners were at the highest risk, however, research has found that lawyers at small, medium, and large law firms are …

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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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