Mediation Basics

Creative Mediation Options

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Moral Conflict

One of the things I enjoy most about my job as a mediator is the flexibility inherent in the mediation process I utilize. Typically, I’m assuming, you see mediation as a process where you can confidently come together with other parties involved in litigation, call a timeout, and determine if the parties can reach an agreement to resolve the case. This is how I’m asked to lead mediations about 95% of the time. However, there are other circumstances in which I’ve been hired as a mediator, some of which may surprise you.

Share Mediation Briefs to Save Time and Get Better Results

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Mediation briefs should be shared well before the mediation session: to save time in session; to give each side the full force of the other’s positions; to give each side time to carefully consider the other’s positions and calmly prepare a response; to begin establishing the settlement ballpark. Let’s consider the alternatives, their bases, and their effects.

Game Theory, Negotiation, and the “Black Box”

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James F. Ring and some colleagues gave a fascinating talk at the recent ABA Dispute Resolution Section on Game Theory; Where it started was cutting a cake; Where it ended was cutting out the lawyers, at least by implication.

The Difference Between Conflicts and Disputes

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Most people probably do not recognize a distinct difference between the terms “conflict” and “dispute.” However, many conflict scholars do draw a distinction between the two terms. As is unfortunately common in this field, different scholars define the terms in different ways, leading to confusion.

Mediation Confidentiality and Privilege: The Twin Supports of Resolution (Part 2 of 2)

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The companion provision to mediation confidentiality is the mediation privilege, which makes evidence of mediation communications inadmissible in future legal proceedings. As with the confidentiality provisions discussed above, local laws are a crazy quilt, with only about half the states having adopted the UMA or similar provisions. The federal courts are even more inconsistent.

The Art of War in the Kingdom of Probate (Part 2 of 2)

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Of the contested matters pending in the probate courts in California, perhaps one in a hundred will be decided through a trial. The rest will be decided through alternative dispute resolution (ADR) processes. As reflected by these figures, going to trial has become the alternative, and ADR, with its many facets, has become the norm.

Mediation Confidentiality and Privilege: The Twin Supports of Resolution (Part 1 of 2)

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Mediation is negotiation with the assistance of a neutral third party. It is a process, and like other processes has stages. Those stages are different depending on which role you play. But either way, each stage requires your active participation if you are to succeed. In this article we detail the 5 stages of mediation for mediators and disputants.

The Art of War in the Kingdom of Probate (Part 1 of 2)

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Of the contested matters pending in the probate courts in California, perhaps one in a hundred will be decided through a trial. The rest will be decided through alternative dispute resolution (ADR) processes. As reflected by these figures, going to trial has become the alternative, and ADR, with its many facets, has become the norm.

Where to Start When You are Getting a Divorce

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When a marriage begins to break down, whether suddenly or over time, many considerations need to be addressed. On top of changing your private life, learning to take care of your children on your own, and moving and selling the marital home and property, the pair may need to navigate the court system for the …

Read moreWhere to Start When You are Getting a Divorce

7 Proven Steps to Start Creating An Excellent Mediation Brief

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Attorneys receive lots of training and spend countless hours practicing to prepare winning appellate briefs, arguments, and summary judgment motions. With that said, it’s important to also focus on mediation brief. Unfortunately, mediation briefs are either overlooked, prepared at the last minute, or both. However, mediation briefs have much more of an influence on the mediation process than you might think.

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