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Category: Mediation Practice

Determining ‘Legal Capacity’ In Mediation author.

Determining ‘Legal Capacity’ In Mediation

One of the great challenges for mediators is that every case presents unique circumstances. One such challenge arises when Mediators...

By Authur L. Finkle, Jon Linden
Divorce Mediation and the Internet author.

Divorce Mediation and the Internet

The Internet is changing the way divorce mediation is practiced and experienced. The Internet is becoming an ever more integral...

By James Melamed, J.D.
Settlements That Don’t Work . . . Or Do They? author.

Settlements That Don’t Work . . . Or Do They?

In mediation, there is pressure to get the deal done. This pressure comes from all sides - the mediator, the...

By Justene Adamec
Reflective Practice: How Veterans Can Benefit from Rookie Training author.

Reflective Practice: How Veterans Can Benefit from Rookie Training

REPRINTED WITH PERMISSION. This article was published in Alternatives, Volume 21, No. 3 (March 2003). A skilled mediator has had...

By Judith Cohen
“Posture vs. Position” author.

“Posture vs. Position”

Students coming out of mediation training programs are consciously trying out newly acquired knowledge and skills on real life cases,...

By Evan Ash

Tell Me What It Is All About-But Don’t Take To Long Gettin’ To It

In Georgia, the law requires that parties involved in Magistrate Court actions discuss their cases before adjudication. Depending on the...

By Jerry Wood, Tom Baugh
The Benefits Of Self Reflection In Your Mediation Practice author.

The Benefits Of Self Reflection In Your Mediation Practice

Overview It is not uncommon in our busy practices to overlook the benefit of spending time to reflect on mediations...

By Oran Kaufman
Mediating Early Stage Disputes by Conjecture of Discoverable Information author.

Mediating Early Stage Disputes by Conjecture of Discoverable Information

Introduction When approaching a mediation session, the experienced mediator pretty much knows the routine issues involved in the type of...

By Ron Thompson
The Elephant author.

The Elephant

We must always tell what we see. Above all, and this is more difficult, we must always see what we...

By Edward P. Ahrens
20 Concepts & Recommendations for Utilizing the Internet author.

20 Concepts & Recommendations for Utilizing the Internet

This article reviews 20 concepts and recommendations to assist you to most capably utilize the Internet in support of your...

By James Melamed, J.D.
Listening to Conflict (Mediation Case Study) author.

Listening to Conflict (Mediation Case Study)

FEB mediators recently conducted a mediation session that provided a space for the parties to engage in a greater depth...

By Managing Editor
Creativity is the Key to Effective Alternative Dispute Resolution author.

Creativity is the Key to Effective Alternative Dispute Resolution

Following are some procedures you might consider: Arbitration: Similar to a court trial, but less formal. The arbitrator takes evidence...

By Darrell Lewis
Lord, Save Me From That Boring Opening Statement! author.

Lord, Save Me From That Boring Opening Statement!

"I’ve explained it all to my client. We can dispense with your opening statement and get down to business." Every...

By Edward P. Ahrens
Mediator Madness author.

Mediator Madness

I walked into my last mediation blind. No briefs had been submitted, no pre-mediation conference calls, nothing. And so I...

By Michael Young

Let’s Make Mediators Limited Practice Officers

How can mediation become a respected and trusted profession - a profession that is recognized and authentic in the eyes...

By Stanley Moore
The Essential Guide To Marketing Your ADR Practice (Book Review) author.

The Essential Guide To Marketing Your ADR Practice (Book Review)

Author: Natalie Armstrong President, Golden Media Publishing Ms. Armstrong’s book is clear, clean, professional marketing advice for the ADR practitioner....

By Jon Linden
The Essential Guide To Market Your ADR Practice author.

The Essential Guide To Market Your ADR Practice

“Experience has taught me that there is one chief reason why some people succeed and others fail. The difference is...

By Natalie J. Armstrong-Motin
Smoke and Mirrors: The Importance of  Credibility author.

Smoke and Mirrors: The Importance of Credibility

I had just finished a landlord tenant mediation. When the clients left, I turned to the three observers, soon-to-be mediators...

By Barry Simon
Commercial Section Editorial author.

Commercial Section Editorial

Welcome to the Commercial Section. This section is devoted to the advancement of professional commercial mediation from the dual perspectives...

By Tom Oswald
The Authenticity Requirement And The Necessity For Deception In Negotiation: The Paradox author.

The Authenticity Requirement And The Necessity For Deception In Negotiation: The Paradox

“Authenticity is the greatest form of deception.” -The Usual Suspects The Usual Suspects (1995), is a movie of the film...

By Robert Benjamin
The Beatles and Mediation author.

The Beatles and Mediation

This article shows the utilization of Beatles songs as a tool for sensitizing participants in mediation. The selected music contains...

By Luis Miguel Diaz
Gut Instinct:   A Mediator Prepares author.

Gut Instinct: A Mediator Prepares

This article was originally published in Family Mediation News, the Newsletter of the the Family Section of the Association For...

By Robert Benjamin
Choosing The Right Mediator: A Guide To Effective Mediation Styles author.

Choosing The Right Mediator: A Guide To Effective Mediation Styles

Mediation is a settlement process where a third-party mediator assists the parties in negotiating a voluntary settlement of a dispute....

By Michael Roberts
To Sue Or Not To Sue: That Is The Question: Whether ‘Tis Nobler…To Mediate First author.

To Sue Or Not To Sue: That Is The Question: Whether ‘Tis Nobler…To Mediate First

With apologies to Willie Shakespeare, what I’m onto here are presuit mediations. We’ll call them, for short, “presuits.” Why do...

By Edward P. Ahrens

Mediation as an Affirmative Business Strategy

Reprinted from: "Hawaii Pacific Architecture", January 1995 Copyright © 1996 THE ROSENTHAL GROUP All Rights Reserved ADR Techniques have long...

By Richard J. Rosenthal

Introduction to the Mediator Success Graph

The Mediator Success Graph is an instrument that will assist you in evaluating your potential for success in a professional,...

By Randy Lowry
Resolving Environmental  Disputes With Environmental Team Mediation: A New Model author.

Resolving Environmental Disputes With Environmental Team Mediation: A New Model

I. THE STANDARD TRIAL MODEL We peek in at the closing arguments in the case of NewPuke Co. v. MegaDeth...

By Michael Young
Mediation and the Unauthorized Practice of Law author.

Mediation and the Unauthorized Practice of Law

The ABA Section of Dispute Resolution has noted the wide range of views expressed by scholars, mediators, and regulators concerning...

By ABA Section of Dispute Resolution ABA DR Section
Online Dispute Resolution:  Resolving Conflicts In Cyberspace (Book Review) author.

Online Dispute Resolution: Resolving Conflicts In Cyberspace (Book Review)

Order at Amazon.comIn their book “Online Dispute Resolution”, Katsh and Rifkin take on one of the most controversial emerging trends...

By Jon Linden

Mediator/Arbitrator Liability Insurance

ARBITRATORS AND MEDIATORS PROFESSIONAL LIABILITY INSURANCE now available through Mediate.comexclusively for Mediate.com Premium Members A BENEFIT FOR MEDIATE.COM MEMBERS Mediate.com...

By Kaitlyn Hassell

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