Decision Making

Identifying a Power Imbalance (Part 1 of 2)

One of the most noticeable issues that could arise in a negotiation or mediation is an imbalance of power. Often one of the hardest issues to overcome if the neutral or the parties are not prepared, and still difficult when the neutral is prepared, an imbalance can easily throw an otherwise successful dispute resolution process.

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Is It An Advantage Or A Disadvantage To Be An Attorney Mediator?

Almost everyone has been a mediator. It’s true. If you have stepped into a dispute that had nothing to do with you, and tried to help friends, family, neighbors or coworkers to resolve their differences, you have been a mediator. The custom of using a respected elder to help disputants reach agreement has been going on for thousands of years.Mediation is just something we do as social creatures

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The Special Master: A Mediator Wearing Many Hats

The more complex our society becomes, the more complicated its litigation grows. By 2018, one-half of the federal docket was consumed by multi-district litigation — multiple cases concerning the same subject spread across the country. Add to that mass-tort litigation, class actions, products liability cases, multiparty construction litigation, and the flood of “normal” civil and criminal cases, and it’s clear our judiciary needs help. One source of that help is special masters appointed under Federal Rules of Civil Procedure 53.

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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.

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Embracing Your Whole Self

Are you really who you think you are? At a subtle level, there are various energies that act in concert to create our state of Consciousness & Beingness. Many of us are unaware, or even worse,...

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