Mediation Mastery

Med-Arb May be Right for Your Business Dispute

Med-arb is a long-standing and robust practice that combines the
flexibility and self-determination inherent in mediation with the
certainty and finality of arbitration.   The purpose of this article is
to introduce the med-arb process to those unfamiliar with it, and to
suggest that those involved in business disputes explore this

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Emotions in Negotiation – The Effects of Emotion & Methods to Maintain Control

For years it was accepted wisdom that people could and should leave their emotions outside the negotiating room door. Now, research teaches us that we can’t disregard our emotions, and that when we try, we make poor decisions. But when we let our emotions get the best of us, they strongly affect negotiating behavior and our success. Part 1 of this comprehensive article explores the effects our emotions have on negotiations.

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Confidentiality is the ‘Heart’ of Mediation

In almost every ADR session, the neutral informs the disputants that the session is confidential, and they can speak frankly.  While this is usually true, there are important limitations that ADR consumers may not be aware of.  Before you disclose the next sensitive trade secret or embarrassing personal fact, read this article.

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Context is King: A Practical Guide to Reframing in Mediation

Mediation of a conflict moves forward, in part, through the mediator’s efforts in reframing each party’s internal characterization of the dispute. In this practical guide we look at the varying definitions of
reframing, link these definitions to the purposes of
reframing, outline the many ways a mediator can reframe
disputes, and explore the advantages and pitfalls.

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The Basics of Framing and Reframing

Frames are the stories we tell ourselves and others about the origin and nature of the conflict. Frames impair our ability to settle because they blur details and often cause us to ignore viable solutions that don’t fit our preconceptions. Reframing challenges the usefulness of our filters, and forces us to look at our conflict differently. Reframing is an absolutely vital skill for anyone trying to resolve a dispute– or for that matter, win an argument.

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Mediator’s Opening Statement – An Introduction

The opening statement is the very beginning of the mediation session. More than a personal introduction, it is an opportunity to create conditions for success. It is an ideal time for neutrals to size up disputants and vice versa. This piece explores the best way to build an opening statement, and the science behind each component. The piece will be useful to the beginner and the seasoned neutral alike.

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Med-Arb vs. Arb-Med

Hybrid ADR methods share techniques from more than one conflict resolution process. Two of the most popular hybrids are med-arb and arb-med. These methods combine the flexibility of mediation with the certainty of arbitration. Despite their advantages, both processes have been criticized. This article considers all sides of the question, and helps readers mitigate the processes’ alleged weaknesses.

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The Dispute Resolution Continuum

People talk about alternative dispute resolution (ADR) as if it’s one process. But it isn’t. It is a continuum of processes that vary by relative control over the outcome, length, expense and confidentiality. This article will help you understand the variety of processes available, and select the one that will efficiently settle your company’s or client’s dispute.

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Fairness & Neutrality in Mediation

Understanding fairness and neutrality is central to success in mediation and negotiation, whether you’re an ADR provider or someone involved in a dispute. That’s because we all have a real need for fairness.  We will even reject “free money” if feel we are being unfairly treated as we get it. This article examines the science behind this startling behavior, as well as what it means to be “fair.” Finally, the article explores the neutral’s role in ensuring fairness.

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