Types of Mediation: Evaluative, Facilitative, and Transformative

Types of Mediation

Understanding the types of mediation is a vital skill when preparing for and participating in mediation.  Knowing how the mediator is operating and what skills they are using is important for the parties and their counsel to work best with the mediator and still emphasize what is an important consideration for them.  It is also …

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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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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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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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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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Mediation vs Arbitration: What is the Difference?

Mediation and arbitration are both found within the alternative dispute resolution sphere because they offer ways to resolve disputes outside of the traditional litigation process.  However, the procedures are very different.  Each system presents its own benefits and challenges, and neither system is truly superior to the other.  Understanding how and when to use each …

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