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.
AAA Employment arbitration rules and mediation have been a hot topic for decades regarding the enforceability and fairness of the pre-dispute arbitration clauses in the employment context. The issue is of huge practical importance because, depending on which study one believes, between twenty and forty percent of American workers are covered by such “mandatory” clauses. …
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, …
What is mediation? Mediation is an alternative dispute resolution process that uses a trained, neutral third party to assist two conflicting parties into mutually acceptable solutions. Mediation has become a popular option for resolving disputes. It helps take the disputing parties outside of court proceedings and into a space to focus on finding a mutually …
It is essential to develop de-escalation strategies to help de-escalate a situation that may arise. No matter which profession you are a part of, you have likely come face-to-face with a customer’s complaint at some point. For many people, the first reaction when a person challenges their expertise or advice is to double down and …
Understanding the types of mediation is a vital skill when preparing for and participating in mediation. Knowing how the mediator is operating and what skills they are using is important for the parties and their counsel to work best with the mediator and still emphasize what is an important consideration for them. It is also …
How much does arbitration cost? Beginning in the latter part of the 20th century, Americans sought relief from costly and time-consuming litigation, with Fortune 1000 companies leading the way. Civil litigation was a rich person’s game that even rich people didn’t want to play. In response, Fortune 1000 companies increased the use of alternative dispute …
Principled negotiation is an interest-based approach that focuses on conflict management and resolution over getting the best possible deal. It comes from the ideas of Roger Fisher, William Ury, and Bruce Patton, who spearheaded the push for conflict resolution outside of positional bargaining. Negotiators rely on the underlying interests of the parties involved to determine …
The first step to effectively solving a conflict is to understand the difference between a resolution and a solution. The conflict has a way of repeating itself over and over, especially if it is not addressed correctly and a firm decision has not been made. Addressing a conflict correctly includes identifying the key differences between …
Whether you’re a professional mediator, a manager seeking to address workplace disputes, or someone looking to improve your personal relationships, developing mediation competency is essential. Mediation is a valuable skill that can help individuals resolve conflicts and achieve mutually beneficial outcomes. In this blog post, we’ll explore the key components of mediation competency and discuss practical …