What Should Appellate Mediation Look Like?

Appellate Mediation

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 …

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What Happens at Mediation for Auto Accident?

What Happens at Mediation for Auto Accident?

Those who are injured in auto accidents and are facing mediation may question what happens at mediation for auto accidents.  Auto accidents are difficult circumstances, and dealing with insurance companies to try and recover from injuries can add to the difficulty.  Negotiations with insurance companies can often come up short of an agreement because insurance …

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Two Sides to Every Story When Cultures Collide

When Cultures Collide

By Mikita Weaver “The problem here is that there are two competing narratives of the history of the Israeli/Palestinian conflict, and they are both true – and they don’t meet!” ~Israel Politican Naomi Chazan Growing up as a kid and getting in arguments with my sisters, I always found it amazing how different my version …

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Europe’s Burqa Ban

Burqa Ban

By Mikita Weaver The burqa is not a sign of religion. It is a sign of subservience . It will not be welcome on the territory of the French Republic.  ~French President Nicolas Sarkozy Europe is deeply embroiled in a raging conflict over something quite small and ordinary: a simple piece of cloth that some …

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Conflict Consciousness

Conflict Consciousness

By Mikita Weaver In 2010, Uganda was usurped in a conflict regarding anti-homosexual legislation and a clause mandating the death penalty. Rwanda contemplated criminalizing homosexuality until rapid-fire global campaign spread via internet forcing Paul Kagame’s government to announce that they would not be intervening in the private lives of its citizens.  Today, Malawi faces the …

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How the Bargaining Process Helps Parties Feel Satisfied

How the Bargaining Process Helps Parties Feel Satisfied

By Jasper Ozbirn In negotiation theory, it is a basic beginner’s rule not to start with your best offer, or your “bottom line.” When I first heard this, I wondered, “Why not?” I had always negotiated by simply deciding what I would pay for an item, and then walking in and offering that price. If …

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Mediating With Insurance Companies – 10 Ways To Be Successful

By David C. Peterson It’s no secret that insurance carriers have altered their practices in the past several years. Authority and independent judgment they previously possessed has been removed from adjusters, managers, and supervisors as executives in the companies strive for uniformity in claims handling and ironclad control over settlement decisions. Rarely at mediation is …

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Mediator’s Opening Statement

Mediator's Opening Statement

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 …

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Unleashing The Healing Benefits of an Effective Workplace Investigation

Unleashing The Healing Benefits of an Effective Workplace Investigation

By Nedy Warren, Esq. SPHR The average working American devotes more time to work than to family, leisure, or even sleep. According to the Bureau of Labor Statistics, time spent working beats time spent sleeping by an entire hour. Given the amount of time and energy we spend at work—plus the fact that conflict is …

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Is Settlement Counsel a New Trend in Litigation?

Settlement Counsel

By Scott Van Soye George nervously drummed his fingers on the desk. He was torn. On the one hand, he’d known this lawsuit ought to settle the moment Brad Givens retained him. The facts were weak, the law was unsettled, and Brad could make real money in partnership with the defendants, if they could stop …

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