Tag: adr
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Task #14: Looking at the previous two questions, where do you think THEIR perspective differs from your own.
Task #14: Looking at the previous two questions, where do you think THEIR perspective differs from your own. Looking at the previous two questions below, where do you think THEIR perspective differs from your own. Task #12: What important understanding did you think you had when you originally got involved together? Task #13: In a…
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How to stay on the cutting edge of mediation
How to stay on the cutting edge of mediation The cutting edge of mediation. Recently, I wrote an article for our local Bar Association Journal on why someone would want to join the ADR section of the Bar. As the new Chair of the ADR section, was also needed to describe how membership has benefited…
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Task #13: In a dispute, how did the relationship change?
Task #13: In a dispute, how did the relationship change? How did the relationship change? The resolution of a dispute does not just occur on the day of the mediation. Each participant to mediation needs to prepare their own strategy for negotiation in the settlement. Based on my experience as a mediator, these are a…
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Arbitrator’s Duty to Avoid Potential Conflicts
Arbitrator’s Duty to Avoid Potential Conflicts Upon accepting an appointment, arbitrators should always avoid entering into any financial, business or other relationship that is likely to affect impartiality or might reasonably create an appearance of partiality or bias. For example, an arbitrator should not accept any engagement involving a party while an arbitration case is…
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Mediation outside the USA in Europe – the differences
Mediation Outside the USA in Europe My Mediation Society Colleagues, Bruce Edwards, Patrice Prince and Dana Curtis shared their observations on Mediation in Europe at a recent breakfast meeting. They attended the International Summer School on Business Mediation in Admont, Austria this last summer. Here are some of their observations European Mediation from my notes:…
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Task #12: What important understanding did you think you had when you originally got involved together?
Task #12: What important understanding did you think you had when you originally got involved together? What important understanding did you think you had when you originally got involved together? The resolution of a dispute does not just occur on the day of the mediation. Each participant to mediation needs to prepare their own strategy…
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Arbitrator’s Duty to Neutrality
Arbitrator’s Duty to Neutrality It is the Arbitrator’s duty to be impartial and neutral throughout a proceeding. Impartiality extends to parties, counsel, agents, witnesses, co-panelists and even the type of case involved. Arbitrators must be impartial in both appearance and in fact. Arbitrators are viewed by parties in an arbitration case much as a judge…
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I’m tired of being called a Mediation Neutral.
I’m tired of being called a Mediation Neutral. Most Mediators describe themselves as being neutrals. I’m tired of being called a Mediation Neutral. It doesn’t help that the courts and clients expect us to be neutral and describes us as such. But mediators in Europe have difficulty with the description. In the German Language the term…
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Task #11: What’s wrong with the other side’s case?
Task #11: What’s wrong with the other side’s case? The resolution of a dispute does not just occur on the day of the mediation. Each participant to mediation needs to prepare their own strategy for negotiation in the settlement. Based on my experience as a mediator, these are a collection of tasks each participant needs…
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Task #10: What is the weakness in your case?
Task #10: What are the weaknesses in your case? The resolution of a dispute does not just occur on the day of the mediation. Each participant to mediation needs to prepare their own strategy for negotiation in the settlement. Based on my experience as a mediator, these are a collection of tasks each participant needs…