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Exploring the place of mediation in the justice system

Owner: joemarkowitz

Listed in: Law

Language: English

Tags: adr, mediation, negotiation, conflict resolution, settlement

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Latest Blog Posts for Mediation's Place

  • FearSomeone renting the house across the street from us has been blasting loud music very late at night, and I've been wondering how to deal with it. The other night when he woke us up at 2 am, I wanted to go knock on his door, but I was afraid that migh...
  • FightingIn the highly-charged atmosphere of our current political season, is more fighting really what we need? Senator Elizabeth Warren evidently thinks so. Here is a portion of Senator Warren's comments on the Rachel Maddow show last night, when Warren exp...
  • Pre-litigation dispute resolutionMore evidence that the practice of law has changed in fundamental ways: At a panel presentation this week at the SCMA Employment Mediation Institute, Ann Kotlarski, who represents employers and Curt Surls, who represents employees, both agreed that t...
  • Four clients
    on Apr 23, 2016 in clients conflict interests lawyers
    The wise client approaches the initial consultation with a lawyer with some ideas of what the client is trying to accomplish and with some perspective on his or her own situation. For such clients, the lawyer should be prepared to explain carefully h...
  • Avoiding Litigation
    on Apr 16, 2016 in ADR arbitration litigation mediation
    The ABA Dispute Resolution conference, held this year in New York City, presents an interesting mix of programs on mediation, arbitration, negotiation and collaborative practice. The conference manages to combine these fields, even though the culture...
  • Mediation's PotentialA couple of recent experiences as a consumer of mediation services have made me wonder whether the practice is living up to its full potential. In one case, when the mediator and opposing counsel started talking about what was going to happen at tria...
  • "Never Trump" and the Prisoners' DilemmaA variation of the Prisoners' Dilemma problem may be playing out in the Republican primary campaign. Those elements in the party who are still seeking to prevent Trump from becoming the nominee have apparently abandoned their original tactic of attem...
  • Supreme Court pokerHere is how one high stakes negotiation is currently playing out: First a recap. On February 13, 2016, Justice Scalia's unexpected death created a vacancy on the Supreme Court.Within less than a day, leading Senate Republicans made a pre-emptive open...
  • NeutralityNeutrality is a cherished concept in mediation, but the term is interpreted differently by different mediators. Some take it to mean being strictly impartial and fair toward both sides in a dispute, in the way that a judge should not let his or her b...
  • The Hateful EightAre there negotiating lessons one can learn from the world of Quentin Tarantino? Mediators tend to believe that if we encourage parties in conflict to continue talking even when resolution seems unlikely, they will eventually reach a level of common...
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