Tag: adr

  • Task #5: Do you really want to settle this dispute through mediation?

    Task #5: Do you really want to settle this dispute through mediation? 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…

  • Task #4: How are you going to deal with them after the dispute?

    Task #4: How are you going to deal with them after the dispute? 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…

  • Task #3: Visualize the future beyond the dispute.

    Task #3: Visualize the future beyond the dispute. 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 to…

  • Task #2: What do they want out of the mediation?

    Task #2: What do they want out of the mediation? 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…

  • Task #1: What do you want out of the mediation?

    Task #1: What do you want out of the mediation? 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…

  • When It’s Just the Attorney at the Mediation.

    When It’s Just the Attorney at the Mediation. At a recent seminar hosted by Gary Weiner, Mediation Program Administrator at the California Court of Appeal, First Appellate District, for the Court’s Mediation Panel, we had lively discussion about Provost v Regents, (2011) 201 Cal.App.4th 1289. I would like to focus on only one aspect raised…

  • What do good mediators do?

    What do good mediators do? What do good mediators do? At a recent seminar hosted by Gary Weiner, Mediation Program Administrator at the California Court of Appeal, First Appellate District, for the Court’s Mediation Panel, we had a brain storming session on what good mediators do. Here are some of my gleanings from my colleagues:…

  • My Purpose for blogging: Where to we go from here?

    Where to we go from here? My primary purpose for this blog is to inform practitioners and participants in mediation, negotiations, other forms of alternative dispute resolution and risk management. I want to provide a mostly systematic overview of the full range of dispute resolution options: risk management or the avoidance and minimization of conflicts,…

  • FAQ: What is the Comprehensive Mediation Agreement?

    FAQ: What is the Comprehensive Mediation  Agreement? In order to ensure all parties understand the status and implications involved, a comprehensive Mediation Agreement dealing with issues such as confidentiality, admissibility and privilege in relation to documentation and information exchanged must be agreed in advance. The Mediation Agreement will also deal with the costs of the…