The classic definition of a mediator is one who, without decision-making authority, assists in the resolution of a dispute between two or more others, Mediation is everywhere; moms do it for their kids, kids do it for their friends, bosses do it for their workers, and so on. Have you tried to calm an argument …
Mediation falls under the heading “alternative dispute resolution” (ADR). Alternative to what? Litigation, of course. Yet the courts now frequently require ADR as a pre-trial part of the litigation process. The co-opting of ADR into litigation has changed it. For example, arbitration has become more formal, lengthier, and costlier – so much so that corporate …
By Scott C. Van Soye It’s after lunch, and Fred’s feeling pretty good as he sorts through today’s mail. Ah! There it is, Tom Smith’s response to Fred’s settlement offer in Ajax Accounting v. Johnston. It’s a solid offer, and Fred smiles as he thinks about the vacation he’s going to take during what are …
What is the job of a judge, and how should he or she go about it? Is it only to interpret and apply the law, or is their role to “do justice”? The answers to these questions are important because the law affects many parts of our daily lives. Therefore, how it is applied is …
Couples that decide to divorce while one partner is pregnant may be wondering how to deal with divorce while pregnant. Getting divorced under “normal” circumstances is stressful and difficult, but adding the extra stress of pregnancy to the situation may be too much for some people. Additionally, the overwhelming nature of divorce, especially divorce with …
Among the many other considerations that need to be made when parents are getting divorced, the father-daughter relationship after divorce will need to be considered when families with daughters are splitting up. This relationship is one of the many relationships that can be strained during the family’s separation. There are also risks from both sides …
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.
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 …
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 …
Humans need a number of essentials to survive. According to the renowned psychologist Abraham Maslow and the conflict scholar John Burton, these essentials go beyond just food, water, and shelter.