Category: Arbritration
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How to persuade others using rhetorical questions?
How to persuade others using rhetorical questions? Persuasion is the process of changing minds. Persuasion is an everyday part of human discourse. It is used by salesmen, parents, teachers, and many others – basically all of us. Persuasion in mediation is a two-way street. Long before you try to influence another to moderate their demands…
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How to persuade others by using multiple explanation analysis.
How to persuade others by using multiple explanation analysis. Persuasion is the process of changing minds. Persuasion is an everyday part of human discourse. It is used by salesmen, parents, teachers, and many others – basically all of us. Persuasion in mediation is a two-way street. Long before you try to influence another to moderate…
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How to persuade others with counter attitudinal advocacy.
How to persuade others with counter attitudinal advocacy. Persuasion is the process of changing minds. Persuasion is an everyday part of human discourse. It is used by salesmen, parents, teachers, and many others – basically all of us. Persuasion in mediation is a two-way street. Long before you try to influence another to moderate their…
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FAQ: When Does Mediation Really Start?
When does mediation start? People tend to believe that mediation begins when all concerned parties meet in the mediation room and take their places at the mediation table. Mediation begins when disputing parties agree to participate in a private mediation or when a Judge suggests that they attempt mediation. Pre-mediation This pre-mediation phase is frequently…
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FAQ: What are some the qualifications of a good mediator? Part I
I have often been asked what the qualifications of a good mediator are. My answer is self serving but true. I have worked hard to make sure that I am the best qualified to mediate a case. Remember it is not bragging if true. So as to not bore you with all of the qualifications…
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FAQ: What is the format of a mediation?
What is the format of a mediation? What is the format of a mediation? The process is entirely flexible and will depend on the mediator and the parties’ preferences. In general terms, it is preferable that position papers are exchanged in advance. Depending on what stage in the dispute the mediation takes place, it may…
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FAQ: Can you settle a case after a jury has decided a case?
Can you settle a case after a jury has decided a case? As part of my full spectrum of dispute resolution services, I offer Appellate Mediation. My considerable experience in this area started in 2007. I currently serve on the mediation panels for the First and Third Districts of the California Court of Appeal. In…
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FAQ: How to propose mediation?
A Judge may recommend that the parties consider mediation or, more commonly, one party may simply propose, through their legal representatives to the other party and their legal representative, that the dispute be mediated. A proposal to mediate should not be seen as a weakness but merely as a willingness to explore the possibility of…
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FAQ: How to propose mediation?
How to Propose Mediation – Options A Judge may recommend that the parties consider mediation or, more commonly, one party may simply propose, through their legal representatives to the other party and their legal representative, that the dispute be mediated. A proposal to mediate should not be seen as a weakness but merely as a…
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FAQ: Why you might not mediate?
To Mediate or Not? The key issue is whether a party is ready to seriously attempt a negotiated settlement. If a party is insisting on pre-conditions to a mediation or sees the mediation as an opportunity to “send a message” rather than an opportunity to resolve, then there may be little prospect that a successful…