By Joe Markowitz I remember reading a piece by a newspaper columnist who described the process by which someone in that field can finally claim to have mastered the trade. The aspiring newspaper columnist starts with a head full of ideas. He might even have rough drafts or outlines for many weeks’ worth of columns …
Mike was excited. The classes were over at last, the internship was done, and he’d been approved for the civil panel. Today was his first solo mediation. He opened the door and strode in. The lawyers and their clients looked up expectantly at Mike. He froze. What should he say next? Where we begin a …
Dispute resolution is a process. The beginning phase — bringing everyone together under conditions conducive to settlement — is called convening. Convening can be as simple as a few phone calls, where those involved already know what they want and are properly prepared for it. Or it can be as complex as holding a long …
By Jasper Ozbirn It is common knowledge among mediators, as well as the general public, that the unlicensed practice of law (UPL) is illegal. While there is some debate on what constitutes the “practice of law,” the rule is clear that a mediator may not practice law. On the other hand, many consider experienced attorneys …
By Zach Ulrich Our ADR Times Contributing Editor, Zach Ulrich, previously had the opportunity to sit down with expert mediator and arbitrator Scott Van Soye (now Managing Editor of ADR Times), to discuss Mr. Van Soye’s insights into the emotions and typical negotiation dynamics of mediation, his unique perspective into employment and disability cases, and …
Sixty or seventy years ago, “I’ll see you in court” meant that it was likely we were taking our dispute before a judge or jury for trial. But as Professor Marc Galanter has repeatedly pointed out, the American trial has been vanishing for decades. The causes of the trial’s disappearance are multiple, but cost and …
In the early stages of a case, the parties may find out that they are required to attend a meeting called a case management conference. A case management conference is the first step in moving the case forward and gives the judge and the parties the chance to see what the case is about and …
In the first of this pair of articles, we discussed the definition of a power imbalance, identified the types of power that may be utilized against another party, and the early signs of a power imbalance. Once a neutral identifies that one of the parties has more power than the other and is using their power to make the negotiations end in their favor, it is important for the neutral to act quickly to attempt to bring the power in the negotiations into balance between the parties.
One reason I started this site was because there didn’t seem to be all that many blogs on mediation, so I thought I might be able to contribute to the discussion. Since I started, some have dropped out, and new sites have cropped up. Here is a list of some sites that have mostly been around longer than I have, and that I tend to turn to most often.
There aren’t many benefits to being in a bad mood, even if that’s your reliable, long-standing default mode. Being in a bad mood can make you less effective, less open to creative solutions, and due to stress, it can affect your health. Most peoples’ jobs have a degree of stress, some much more than others.