Asking questions is one of the most powerful – and often misused – tools for professionals in dispute resolution settings, whether legal, workplace, mediation or anywhere. When you are dealing with high-conflict clients, it is especially important to consider the timing of different types of questions and also to know what questions you should never ask.
Mediation is negotiation with the assistance of a neutral third party. It is a process, and like other processes has stages. Those stages are different depending on which role you play. But either way, each stage requires your active participation if you are to succeed. In this article we detail the 5 stages of mediation for mediators and disputants.
Of the contested matters pending in the probate courts in California, perhaps one in a hundred will be decided through a trial. The rest will be decided through alternative dispute resolution (ADR) processes. As reflected by these figures, going to trial has become the alternative, and ADR, with its many facets, has become the norm.
Settlement conferences, mediations, and negotiations are often a great opportunity for a case. The parties can share their wishes and can create a solution to the problem that will not be available if a judge or jury decides the issue. When the parties are cooperating, negotiation may be incredibly productive and save the case from …
I previously wrote several candid posts about my journey after leaving my business law & dispute resolution consulting practices along with several leadership posts for a 2.5-year sabbatical to heal from “burnout,” that I didn’t even know I needed. Like a “Fish Out of Water,” sometimes our environments & what we “know” can prevent True …
When a marriage begins to break down, whether suddenly or over time, many considerations need to be addressed. On top of changing your private life, learning to take care of your children on your own, and moving and selling the marital home and property, the pair may need to navigate the court system for the …
Mediation has become a viable alternative to traditional litigation. It brings the parties together in an environment separate from the competitive and adversarial courtroom and encourages collaboration and cooperation to solve an issue, perhaps in a creative way that could not be achieved by a jury or bench trial. The process is often cost-effective and …
The styles of mediation available to mediators are like different tools, ready to be used when the situation calls for each or by preference. Likewise, a great advocate will have the knowledge to handle whatever style a mediator throws at them or even to know which style to request given the issue at hand. Finally, …
Divorce litigation can be a complicated matter both in legal and personal terms. Regardless of intentions, the separation process is rarely straightforward. This is even truer in cases where custody is contested. Let’s discuss the many moving parts that make divorce litigation uniquely complex while also highlighting the potential for mediation and negotiation. At ADR …
Throughout life, it’s almost impossible to avoid disputes. These disputes can come in the form of a small issue that gets resolved quickly. On the other hand, other types of disputes aren’t so easy to solve. In the past, two parties would fight for years, if not decades, in courtrooms trying to settle disagreements. While …