One often hears the term “mediation” in connection with resolution of disputes which have already become lawsuits, and, occasionally, before those lawsuits are filed. Mediation is a process by which a neutral third party called a...
Alternative dispute resolution has become a popular way to identify the root cause of a problem and to build a solution strategy – both in and out of the business world. In some environments this is accomplished by a mediator or arbitrator. Mediators act as...
How successful is mediation? In a word – very. Most mediation provider bodies that have conducted research on the success ratio of mediation quote an approximately 80% chance of success. The reason for this is that when parties are in a situation where they all feel...
When a dispute is truly ripe for mediation, who you choose to mediate is unlikely to affect the outcome. When both parties go into the mediation willing to compromise and expecting to settle, any competent mediator can help them reach agreement. Frequently, however, who you...
Conflicts and disputes are a matter of managing deep human psychology, human values and other human circumstances and behavior in our social, political, commercial and family situations....
The timing of negotiations is often critical to their success. Conflict scholars and negotiators often use the concept of “ripeness,” comparing negotiation to fruit. If a fruit is picked too early, it will not be ready for eating; however, if it is picked to late,...
If a case is decided after fifteen years, of victim compensation in an accident? if a case of property is decided after the death of the plaintiff? What is the value or use of such a decision? What is the use of the money received...
Although one has been injured by the conduct of another and it is tempting to make it as difficult for them as it possible, and that is possible to protract a case on the theory that it is harming the other party, it is also...
One of the hardest parts of many mediation processes is just getting people to agree to participate. As is explained in more detail in the section on Limits to Agreement: Better Alternatives people are unlikely to be willing to negotiate if they think they can...
Mediation as a means of settling disputes is getting a lot of attention these days. While no one approach to resolving conflicts is a panacea, mediation results in a mutually satisfactory settlement in the vast majority of cases. Even with a growing number of converts...