Preparing For a Mediation in 10 Steps

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Dispute Resolution (ADR) is a system of processes designed to assist parties in resolving their disputes economically and more quickly than the traditional court system. Its value lies in reducing the time, cost and uncertainty in the civil justice system. The key to achieving successful results in ADR is preparation. The following represents the basic steps for an attorney to prepare for a mediation hearing.

Early Neutral Evaluation: Encouraging Settlement and Understanding

Occasionally, a court will recommend an early neutral evaluation shortly after a case has been filed.  Courts will usually recommend this when they believe an evaluation may help the parties accurately see their positions compared to the other party’s and potentially think about a settlement.   Sometimes, a court will recommend the case to early …

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An Introduction to The Five Stages of Mediation

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 the impasse continued, both opportunities would expire. Jim was bitter and …

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Anger Masks Emotions in Mediation

Famed psychologist Paul Ekman calls anger one of the six basic emotions. He notes that its expression is universal across cultures. Even as infants, we instinctively recognize and react to its presence in those around us. According to Ekman, anger originates when an important goal is frustrated, or someone tries to hurt us or someone we feel responsible for, physically or psychologically. Under this definition, anger is a response to threatening external stimuli, which is often accompanied by a desire to hurt the source of the anger producing events.

What is the Federal Mediation and Conciliation Service (FMCS)?

The Federal Mediation and Conciliation Service (FMCS) is the nation’s largest independent public agency for alternative dispute resolution (ADR) and conflict management, providing mediation and conflict resolution services in the private, public, and federal sectors.

Dealing With Difficult People At Work

Conflict is a normal and natural part of human interaction, in the workplace and everywhere else.  Generally, the short-term cost of resolving conflict is negligible compared to the cost of leaving conflicts unresolved. Learn how to deal with difficult people at work to effectively resolve conflict.

The Mediator’s Role in Family Mediation: Part 2

Divorce is ranked second on the list of stressful events in one’s life, the first being death of a spouse. This is an emotional time for the parties. However, the only purpose of most settlement meetings is to resolve the outstanding legal issues in the divorce. Emotions and post-divorce dynamics are rarely factored into them.

The Mediator’s Role in Family Mediation: Part 1

Divorce is ranked second on the list of stressful events in one’s life, the first being death of a spouse. This is an emotional time for the parties. However, the only purpose of most settlement meetings is to resolve the outstanding legal issues in the divorce. Emotions and post-divorce dynamics are rarely factored into them.

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