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Conflict Advice and Readings In This Section

  • When Interest-Based Bargaining Is Not Enough

    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: 1129 )
  • Stages of Mediation

    By Annette Nay - For mediators, this article outlines the stage to follow to set up, and carry out an effective mediation intervention. Covers size room, decor, facilitative skills and more. (Added: 6-Jul-2004 Hits: 920 )
  • A Recipe for Peace

    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: 1471 )

    By Allene Nicholson - Another quick tool to help you determine whether a mediation process is likely to help in a particular conflict situation. (Added: 24-Nov-2003 Hits: 644 )
  • Advocacy Skills: Tips for Selecting a Good Mediator

    By Jerry Roscoe - While members of the Bar benefit from local court programs that may assign mediators, often serving as volunteers, advocates and their clients often have cases that merit more control over the mediation process. In such cases, the parties may elect to choose their mediator. With several sources for professional mediators, the advocate often struggles with criteria for mediator selection. Selection criteria are all too often limited to mediation experience and settlement rate. If you are in the market for a mediator, your mediator selection process may benefit if you consider the following additional criteria: (Added: 15-Jul-2014 Hits: 565 )
  • Tips for Mediation

    By Allene D. Nicholson, Esq. - A short checklist to help those entering into mediation to benefit from the mediation process (Added: 24-Nov-2003 Hits: 658 )
  • What is Mediation?

    By James Melamed - Mediation is defined as a process of assisted negotiations, and its key qualities are described. This article represents a good primer for those contemplating mediation. (Added: 2-Dec-2008 Hits: 1946 )

    By Edward P. Ahrens, Esq. - Mediation is the answer and the worthwhile alternative to a trial, but it is well to keep in mind that, however skilled a mediator may be, he or she is not a magician. It takes the combined efforts and cooperation and the understanding and earnest willingness of the parties to make it work, and, when it does work, it works to everyone's advantage. (Added: 24-Nov-2003 Hits: 627 )
  • How to Make Mediation Safer in Cases of High Conflict

    By Kristen Blankley - When emotions run high in conflict situations, there's always a chance of verbal or physical violence. In this article, the author discusses ways to make the mediation process safer. (Added: 8-Sep-2015 Hits: 486 )
  • When Mediators Cross the Line

    By Jeff Kichaven - Mediators and lawyers can sometimes cross the line of common decency--bordering on committing illegal acts--particularly during difficult mediations. Strong-arm tactics do not help the process, however. A settlement for settlement's sake does all parties a disservice. (Added: 24-Mar-2006 Hits: 1086 )
  • The George Mitchell Syndrome: When Is A Mediator A Mediator?

    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: 1826 )
  • FAQ For Mediators

    By NA - Document contains Frequently Asked Questions (and answers) about mediation, from the mediator's point of view. (Added: 24-Nov-2003 Hits: 725 )
  • Negotiation Styles in Mediation

    By na - This essay discusses the impact of various negotiation styles in mediation and how mediation moderates the conflicts that exist between various styles. (Added: 25-Nov-2004 Hits: 984 )
  • Strategies For A Successful Employment Mediation

    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: 1984 )
  • Storm Sandy Cases -- Mediation Like No Other

    By Nancy Kramer - Case study outlining how mediation has been used to address conflicting opinions and positions stemming from the Storm Sandy Disruptions. (Added: 11-Mar-2014 Hits: 657 )
  • The Right Time To Mediate

    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: 1155 )
  • The Art Of Writing A Mediation Agreement

    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: 1830 )
  • FAQ For Mediation Participants

    By NA - Provides answers to frequently asked questions from participants in the mediation process. (Added: 24-Nov-2003 Hits: 664 )
  • Wondering How to Set-up a Mediation Practice?

    By Katherine Graham - More companies are setting up internal mediation practices internally, or outsourcing them. Here's a page on how to do that, including a link to a PDF document on the topic. (Added: 8-Sep-2015 Hits: 474 )
  • Eleven Questions Most Commonly Asked About Mediation

    By Forest Mosten - We all have questions about mediation. Not just disputants, but also the lawyers, and mediators themsleves. This list aims to answer some of the peristent ones. (Added: 2-Dec-2008 Hits: 2336 )
  • Conflict in the Workplace

    By Mary Rau-Foster, RN BS ARM JD - The workplace setting is fertile breeding ground for conflicts because of the dynamics and interdependency of the employee-to-employee, customer-to-employee, and employee-to-outside vendor relationships. Recognizing and addressing the factors that give rise to the potential for conflict can have a positive impact on workplace and the productivity in the workplace. (Added: 15-Feb-2006 Hits: 1069 )

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