Tag: adr
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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 mediation including the mediator’s fees and will…
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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 tasks each participant needs to complete and to discuss with their council and…
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If I, as mediator, give my opinion in a dispute, doesn’t that mean I am biased?
If I, as mediator, give my opinion in a dispute, doesn’t that mean I am biased? Absolutely not! I as mediator form opinions on many issues for many reasons. One of the primary things I do as mediator is to help you to evaluate the pros and cons of your position in a dispute…
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The ingredients of any conflict – Power
The ingredients of any conflict is power The ingredients of any conflict is power. All conflicts have similar ingredients. They may vary in degree but most are present in some way. The main ingredients are Needs, Perceptions, Power, Values, and Feelings and Emotions. Today, I am focusing on power. Power – How people define and…
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Don’t be afraid of anger – angry people can’t lie.
Don’t be afraid of anger – angry people can’t lie. The first step to resolve any conflict is to defuse anger. But do not be afraid of anger. An angry person can’t lie because anger is a primitive emotional response. To lie, you must control your emotions and turn on your intellect. So when someone…
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What am I getting for my money when I hire a mediator?
What am I actually getting for my money when I hire a mediator? When you hire me as your mediator, you are buying the opportunity, through a neutral third party, to evaluate with someone who is an objective “sounding board,” your real needs (personal, economic, spiritual, etc.) and to evaluate which dispute resolution process will…
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Values – One of The ingredients of any conflict
The ingredients of any conflict – Values Values are important within any conflict. All conflicts have similar ingredients. They may vary in degree but most are present in some way. The main ingredients are Needs, Perceptions, Power, Values, and Feelings and Emotions. Today, I am focusing on values. Values are beliefs or principles we consider…
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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 a 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 for neutral most closely translates back…
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Listening is the best way to resolve conflicts.
The better the information you have, the greater your chances of finding a workable solution. Listen carefully to what others are saying, not judging until you hear everyone’s story. Be aware of tone of voice, body language, and other clues. Understand what each person is expressing – what he wants and what he is willing…
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Ingredients of conflict – Perceptions
The ingredients of any conflict – Perceptions Perceptions are part of any conflict. All conflicts have similar ingredients. They may vary in degree but most are present in some way. The main ingredients are Needs, Perceptions, Power, Values, and Feelings and Emotions. Today, I am focusing on perceptions. Perceptions – All humans interpret reality differently.…