The Mediator’s Role in Family Mediation

The Mediator's Role in Family Mediation

Divorce is ranked second on the list of stressful events in one’s life, the first being death of a spouse. This is an emotional time for the parties. However, the only purpose of most settlement meetings is to resolve the outstanding legal issues in the divorce. Emotions and post-divorce dynamics are rarely factored into them.

BATNA & WATNA: Finding and Using Negotiation Power (Part I of III)

What is the power of finding and using a BATNA & WATNA? The goal of an alternative dispute resolution (ADR) process is to come to a resolution together so that the parties can both agree on and avoid the eventual litigation that could arise in the dispute. However, not every mediation or negotiation ends in a …

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Five Stages of Mediation – Introduction

What are the 5 stages of mediation? Let’s take a look. 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 …

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Conflict Management vs Conflict Resolution

When people are in conflict, they can choose either conflict resolution or conflict management.  While some people see the two options as the same, they are actually different processes that can shape the way conflict is dealt with and if it is resolved.  The two processes have different objectives and will often achieve different outcomes …

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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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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.

What is the Federal Mediation and Conciliation Service (FMCS)?

The Federal Mediation and Conciliation Service (FMCS) is the nation’s largest independent public agency for alternative dispute resolution (ADR) and conflict management, providing mediation and conflict resolution services in the private, public, and federal sectors.

The Power of Finding and Using a BATNA & WATNA (Part 3 of 3)

…Continued from Part 2: In previous articles, we’ve discussed what a BATNA and a WATNA are, the purpose of identifying a BATNA and WATNA, some possible alternatives to consider, and two analyses that parties can use to identify their BATNA and WATNA.  This article will discuss the strategies that a mediator may use to help …

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