For those interested in becoming a professional mediator, earning a mediation certificate can be the first step in playing an active role in the mediation process. However, many budding mediators may not understand what being a certified mediator means for their careers or how to access the mediation field. Others may wish to complete mediation …
Mediation is quickly becoming a way to resolve disputes within the workplace and other settings. Looking at the different kinds of mediation scenarios that play out in mediation allows us to understand how helpful mediation can be. Although conflict is a fact of life, mediation helps make it a manageable and productive part of life. …
A book by Stephen Goldberg, Jeanne Brett, Beatrice Blohorn-Brenneur, and Nancy Rogers presents a concise primer on what participants can expect from the mediation process. As academics, the authors ground their discussion in theory, starting with an explanation of the differences between conflicts and disputes and how disputes can be resolved regarding power, rights, and …
I’ve been doing appellate mediation since the program began, and I’ve been genuinely surprised by the success rate. At the program’s inception, I anticipated a significantly lower success rate than I’ve had with non-appellate mediations — but it’s about 70%, which isn’t much lower than my rate for other matters. While my approach to conducting …
By Vivian Scott We are a great group of people, us mediators. We understand how emotions and values play into conflict, we recognize the power in a solution that fits both parties’ needs, and we approach the world with a quiet confidence that any disagreement can be resolved. I love that about us. Too bad …
When couples are facing issues with their marriage and are starting to consider divorce, a marriage mediator may be an answer to saving the marriage that the couple did not know existed. While most people associate mediation and marriages with divorce mediation, there is a growing practice with mediators stepping in before the parties are …
Resolving conflict with employees can often be a difficult experience, so much so that many managers wish they had an employee conflict resolution template. Workplace conflict is a common and unavoidable part of adult life, but living with it for years does not have to be. Workplaces are starting to recognize the adverse effects that …
We humans are social, but also individual. We often need help to succeed or excel. For example, early man was a poor match for a mastodon or prehistoric bison. He could hunt or gather smaller, less nutritious food alone. But he needed to hunt in a group if he were to take such dangerous high …
By Mai Nguyen The American Bar Association (ABA) conducts extensive survey on legal malpractice claims every four years. The survey concludes that every practicing lawyer is potentially at risk for legal malpractice. It was once believed that solo practitioners were at the highest risk, however, research has found that lawyers at small, medium, and large …
I. Introduction For a case to reach the appellate level is a rare feat indeed. It has been estimated that nearly ninety-five percent of all cases will settle before trial. Of the remaining five percent, only the most difficult and stubborn will proceed to the appellate level. This creates a unique environment for alternative dispute …