Tag: arbritration
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Is a Retired Judge a Better Mediator?
It is assumed that a retired judge makes a better mediator than someone that has not been a judge. This couldn’t be further from the truth. Rendering judgment requires an entirely different skill set than helping the parties resolve their case through mediation. The day to day activities of a judge do not lend themselves…
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How long should mediation take?
How long should mediation take? We have grown used to life happening instantaneously. What we forget is that despite all the fast and furious technology, we remain human beings. We may be more sophisticated overall, but are otherwise no different than we were thousands of years ago. Our thought processes and decision-making ability have not…
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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 best help you meet those needs. * You are buying my opinions and…
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Who should attend the mediation?
Who Should Attend the Mediation? All parties involved in the interactions that gave rise to the dispute should be involved in the mediation. This helps me, as mediator; crystallize with the parties exactly what happened. A party may also be more candid with me when they know they may be faced with others who know…
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Why did the mediator stop the mediation without resolving the dispute?
Why did the mediator stop the mediation without resolving the dispute? As valuable as it is for me, as mediator, to know how to move a dispute to resolution, it is equally important, if not more so, for me to recognize when a dispute isn’t prepared for resolution and how to move it in the…
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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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Arbitration, then Mediation, a way to blend them both.
Arbitration, then Mediation, a way to blend them both. Many view mediation as a one-way street. You conduct a mediation to settle a law suite. Nothing could be further from the truth. There are many ways to blend mediation with the legal system or blending it with other alternative dispute resolution processes to reduce or…
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I want to resolve the dispute, but the other party’s demands are unreasonable. What should I do?
I want to resolve the dispute, but the other party’s demands are unreasonable. What should I do? I want to resolve the dispute, but the other party’s demands are unreasonable. What should I do? Don’t let yourself get stuck refusing to make what you believe is a reasonable settlement offer or demand based on your…
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I’ve been in mediation and there was so much conflict that nothing got done. Wouldn’t I be better off just going to court?
I’ve been in mediation and there was so much conflict that nothing got done. Wouldn’t I be better off just going to court? This is an option, but you may not resolve your dispute. Mediation is not about coming to the table as friends to avoid conflict and confrontation, as many professionals would have you…
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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…