Mediation:
Mediation is the process carried out by an impartial third party that is
deisigned to bring resolution and comprise to two or more conflicting parties.
There are good ways and better ways to use mediation as the forum for resolving
conflict. Read the articles included in this section to form your own opinions.
We'll help you to understand the process as applied in the workplace, in
the family home, and in divorce situations.
By Phil Primack
- If defining dispute resolution as a field is difficult, determining who is - and isn't - a practitioner is even harder. Is training required to become a good mediator? Or is it hands-on experience in the trenches of conflict? Do formal credentials matter? Is mediation even a skill that can be learned? All of the above? None of the above?
(Added: 24-Mar-2006 Hits: 198 Rating: 0 Votes: 0)
By Douglas E. Noll
- Pride is one of the great causes of conflict. It is not just the usual over-exaggerated sense of self, but also involves strong identification with a group. Read about the one way to transform conflicts based on pride and group identification.
(Added: 24-Mar-2006 Hits: 179 Rating: 0 Votes: 0)
By Micheal Tsur
- Mediation is a new language. Its development relies on the process itself: each case and its dynamics, circumstances and expectations, and the needs and interests of the parties. Therefore, a standardized agreement form for all mediations is not as effective and, in fact, is contrary to the essence and spirit of the process.
(Added: 24-Mar-2006 Hits: 179 Rating: 0 Votes: 0)
By Sara Adler, Esq.
- The Equal Employment Opportunity Commission (EEOC) and some state and local anti- discrimination agencies have instituted mediation programs as part of their early resolution efforts. A very high, and growing, percentage of employment litigation is now resolved through mediation.
(Added: 24-Mar-2006 Hits: 175 Rating: 0 Votes: 0)
By Micheal Carbone
- As dockets have become increasingly crowded, courts have found more and more ways to encourage (if not compel) parties to settle cases. Mediation is now one of the tools that courts use. Even as times change, however, human nature remains the same. Regardless of when the parties may be sent to mediation, cases are more likely to settle when the time is right.
(Added: 24-Mar-2006 Hits: 181 Rating: 0 Votes: 0)
By Chris M. Currie
- What good is identifying interests if once they are identified, they are beyond one's ability to comprehend? How can parties whose motivation is based on completely different moral values negotiate the termination of hostilities? Two recent works, one readily available and the other relatively inaccessible, attempt to shed some light on the complex subject of seemingly intractable human conflict.
(Added: 24-Mar-2006 Hits: 106 Rating: 0 Votes: 0)
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