You have your certificate, now you’ve started your search for mediation jobs. Where do you start this process? This article will help you understand a mediator’s role and responsibilities, prepare you for the work environment and equal opportunity employer, and give you some tools to make your job search easy and successful. What Training Do …
When learning about conflict and dispute resolution, it can be difficult to understand the definition of “confrontational.” Everyone will have their own idea of what confrontation is and its uses. Some negative, and some positive. Defining the term “confrontational” can be difficult but thinking about the basic characteristics that are present in a confrontational interaction …
How can we truly go about defining partiality? Partiality is the unfair bias that we display for ourselves and other people with whom we stand in some personal relationships. It still remains a central theme in philosophy, as well as in practice, particularly the legal practice. Within the alternative dispute resolution sphere, the word partiality, …
Attorneys participating in a deposition with their client will often encounter an object to the form. They can either be the person using the objection or the person explaining the question, but the objection is likely to find its way into the deposition, as there will likely be at least one question asked that an …
While many of the legal and other professional fields love to highlight the benefits of confidentiality, many of them fail to point out the limits of confidentiality. Understanding these limits is a vital aspect of sharing your information and keeping your information confidential. Without a clear understanding of when confidentiality will not apply and confidentiality …
Privacy and confidentiality are words that are used often and interchangeably in the legal and dispute resolution world, yet there are key differences between the terms that are important to understand. Just what these differences are and how they affect information is a concept that is sometimes overlooked when engaging in a legal dispute. Many legal and alternative dispute …
The factors that contribute to an imbalance of power are often hard to notice on a day-to-day basis, but over time they contribute to an unhealthy dynamic if they are not addressed. Imbalances of power can be found in every relationship that we engage in as humans, from our most vulnerable and trusted relationships with …
In any negotiation, there will always be some level of concessions made in order to come to an agreement. Even the most skilled negotiators will have to make small concessions in a negotiation to reach a potential agreement. But what is the best strategy for making negotiation concessions? And how can you ensure that you …
In response to my question, “Do you use “BATNA” wrong?,” I plead guilty with an explanation. With the patient teaching of my friends, Hiro Aragaki and Sanda Kaufman, I have come to see the error of my ways. I was concerned because BATNA – the Best Alternative to a Negotiated Agreement – has become part of the vernacular, …
Two key points: First, to be successful, a boxer must first become desensitized to the effects of inflicting injury on others. Secondly, the boxer must accept personal risk with every fight. As a litigation attorney and a writer, the boxing world is full of parallels to my profession. Many key psychological aspects of boxing are very similar to that of litigation.