Mediation vs Arbitration: What is the Difference?

Mediation vs Arbitration

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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How Mediation Works

How Mediation Works

A book by Stephen Goldberg, Jeanne Brett, Beatrice Blohorn-Brenneur, and Nancy Rogers presents a concise primer on what participants can expect from the mediation process. As academics, the authors ground their discussion in theory, starting with an explanation of the differences between conflicts and disputes and how disputes can be resolved regarding power, rights, and …

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Making The Most of Appellate Mediation Opportunities

Appellate Mediation

I’ve been doing appellate mediation since the program began, and I’ve been genuinely surprised by the success rate. At the program’s inception, I anticipated a significantly lower success rate than I’ve had with non-appellate mediations — but it’s about 70%, which isn’t much lower than my rate for other matters. While my approach to conducting …

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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

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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Mediation in a Personal Injury Settlement

Mediation in a Personal Injury Settlement

For someone facing mediation in a personal injury settlement discussion, the process can often feel overwhelming and unnecessary.  They may be wondering if trying mediation is worth it, if the case will settle, and whether they will recover what they had hoped.  Mediation can be a helpful tool when the parties would like to have …

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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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Employee Conflict Resolution Template

A Template for Workplace Conflict

Resolving conflict with employees can often be a difficult experience, so much so that many managers wish they had an employee conflict resolution template.  Workplace conflict is a common and unavoidable part of adult life, but living with it for years does not have to be.  Workplaces are starting to recognize the adverse effects that …

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The Mixed-Motive Exchange

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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