Mediation is a private conflict resolution process in which the parties in dispute try to resolve the issues by agreement. Parties? I'm In! In law, we refer to the people and entities in a case as …
Mediation
Happy Birthday to Me–and to Third Ear Conflict Resolution This Month
I love having a June birthday. It's almost mid-year, so it gives me an opportunity to benchmark my goals for the year and my progress toward them. I've learned not to make my current score be anything …
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Frequently-Asked Questions About Mediation
How do I know if my conflict is right for mediation? There isn't a quick answer to this question that satisfies us, so I answered it in another blog post. How can I dissolve my business …
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Making Mediation Work for Your Clients
Have you ever considered how the legal process impacts clients on a personal level? Most law firm clients score above 300 on the Social Readjustment Scale and have an 80% chance of becoming …
Can an Attorney Practice Law and Mediate?
Yes. Attorneys can indeed practice law and mediate. They can also arbitrate while practicing law. It does take some extra work to maintain neutrality and avoid conflicts of interest, but we are …
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What Does It Mean to Be a “Neutral”?
"Neutrals" are third-parties. They aren’t part of the dispute to be arbitrated or mediated, and they aren’t likely to be significantly impacted by any resolution the primary parties create. Unlike …
Why Do Parties Reject Mediation If It Works?
We are human. Thus, we don't always choose to take actions that work. How many people do you know who want to lose weight, yet they don't change their eating habits or maintain an exercise program, …
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What Goals Can Be Achieved Through Mediation?
There are a number of goals that can be achieved through mediation. Some of the most common ones that parties have when they seek mediation to resolve their disputes are: A facilitated …
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Can I Choose a Mediator with Industry Experience?
Of Course! Mediation is all about the parties having a choice and the power they need to create their own resolutions. There are some disputes that involve complex issues, such as patents or …
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Why Does Mediation Work?
There are, of course, many theories on why mediation works. I mention one of them in my book, DIY Conflict Resolution: Seven Choices and Five Actions of a Master. It could be that mediation aligns …