Mediation Opening Statements Illustrated

Article Clarifications: 1. A guideline or checklist of topic points was developed to cover a typical start-to-finish opening statement scenario. Those topic bullet points are designated in bold print but are not meant to be spoken. 2. Italic text enclosed in parentheses explains the mediator’s objective. 3. Bold text enclosed in parentheses are technical tips …

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10 Best Mediation Books of All Time

Mediation is a topic with profound implications. Therefore, it is imperative to understand how the mediation process works and how it can benefit a person’s life. Two loved ones quarreling can be complicated, but even something as simple as two coworkers arguing can be challenging to deal with every day. Hence, learning how to use …

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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.

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

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.

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

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

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.

Does the Mediation Process Work? Learn with ADR Times

Mediation has become a viable alternative to traditional litigation. It brings the parties together in an environment separate from the competitive and adversarial courtroom and encourages collaboration and cooperation to solve an issue, perhaps in a creative way that could not be achieved by a jury or bench trial. The process is often cost-effective and …

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