Party Satisfaction with Mediation
May 08, 2019
Several studies show high levels of party satisfaction with the mediation process. But, we can, as a field, improve the experience for people. One Study: Positive Feelings About the Mediator An empiri...
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Borrowing the Lawyers' Power in Mediation
May 07, 2019
I view the presence of lawyers in mediation as an opportunity to partner with skilled colleagues. A Failed Real Estate Deal In one mediation I conducted, I intended to borrow the lawyer's power. My a...
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The Vanishing Civil Trial
May 07, 2019
A recent study shows that nearly all federal cases settle before trial. State court statistics give a similar, but yet incomplete, picture. Surprising Level of Pre-trial Disposition of Federal Cases I...
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The Who of Mediation: Lawyers in the Mix
May 07, 2019
This post offers some insight into the roles lawyers, as advocates, play in mediation. Lawyers Rare in Mediation In late October 2005, I conducted a mediation involving four parties, all of whom were ...
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Wisely Choosing a Mediator: Mediator Impartiality
May 07, 2019
My last several posts have discussed factors a lawyer or party should consider in selecting a great mediator. Today, I'd like to talk about mediator impartiality. Introduction: Firestone's Grid I have...
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Wisely Choosing a Mediator: Process Skills, Expertise, and More on Style and Approach
May 07, 2019
I want to continue my discussion of how best to choose a mediator. This posting will focus on a few more factors to consider. Mediator's Process Skills and Expertise Mediation skills do not come natur...
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Wisely Choosing a Mediator: Factors to Consider
May 07, 2019
This guide provides additional information about choosing the best mediator for your negotiation, conflict, or dispute. Introduction: Buyer Beware Most states do not license or certify mediators. The...
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Qualities of a Good Mediator
May 07, 2019
This guide discusses the training, experience, skills, attitudes, and values good mediators possess. Introduction Several years ago, the University of Missouri-Columbia School of Law held its annual t...
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The Who of Mediation: Mediator “Styles” and Riskin's New Grid System
May 07, 2019
This guide expands on the discussion in my first post and provides more depth in analyzing mediator "styles." The New Riskin Grid A decade after his first “grid” article, described in my first posting...
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Picking a Mediator: Mediator "Styles"
May 07, 2019
This guide summarizes the thinking on how to choose a mediator based on the different styles of mediation and the preferences of the mediator in the process. Introduction In 1994, Len Riskin, then the...
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