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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.

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  • 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: 634 Rating: 0 Votes: 0)
  • 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: 407 Rating: 0 Votes: 0)
  • 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: 325 Rating: 0 Votes: 0)
  • 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: 257 Rating: 0 Votes: 0)
  • How to Mediate a Business Dispute

    By Janus Magnuson - It is every business person's dilemma - the work's been done or the goods shipped and then the purchaser refuses to pay. Or, you and your partner are at loggerheads about how to operate the business. Possibly you've got an unhappy employee on staff or one who has just left and served you with a wrongful dismissal or (Added: 15-Feb-2006 Hits: 204 Rating: 0 Votes: 0)
  • 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: 219 Rating: 0 Votes: 0)

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