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.
Let’s be real; Conflict can bring up some deep pain and associated underlying energies — I’m not referring to pain that you can put a band-aid on or have a doctor fix. I’m talking about the deep-rooted and “psycho-spiritual” pain that makes one feel intense emotional responses triggered by a Conflict. When we are faced …
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 …
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 …
The new norm of social distancing, and a recent decision out of the Eleventh Circuit Court of Appeals, are changing the way arbitration are conducted. Now is the time to update the arbitration provisions in your contracts to take advantage of these changes the next time you have to arbitrate a dispute.
Last weekend was Father’s Day and I took note of two stories that seemed useful in mediation. The first, was on CBS Sunday Morning where the editorial piece reflected upon how student athletes, from Little League through College, end each game, however hard fought, with a handshake and a “high five”.
everal times in the past, I have discussed the need for each party to prepare for mediation for it to be successful. As you may guess, I return to this topic again because I just conducted a mediation that went nowhere fast because plaintiff was not prepared….
The Supreme Court of Mississippi issued a new opinion that sheds light on a topic that doesn’t come up often: when can an arbitration award be modified due to miscalculation? D.W. Caldwell, Inc. v. W.G. Yates & Sons Construction Co., 2018 WL 2146355 (Miss. May 10, 2018).
SCOTUS finally delivered its decision today in Epic Systems Corp. v. Lewis, the consolidated case that addresses whether employers can require employees to give up their right to class or consolidated litigation as part of an arbitration agreement….