Tag: mediation
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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…
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Negotiation Tips for resolving conflicts.
Negotiation is an Important Skill Negotiation is an important skill in mediation or any conflict resolution. It is needed for the parties to come to an agreement and thereby resolve a conflict. It doesn’t matter if the conflict developed at home or at work, or in any leadership situation. Separate People from the Problem When…
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FAQ: When is mediation appropriate?
FAQ: When is mediation appropriate? Mediation can take place at any stage from before legal proceedings are issued up until trial and even after trial. Obviously, the earlier mediation takes place, the better chance of saving costs, avoiding publicity and possibly preserving future relations between the parties. However, at a later stage in proceedings mediation…
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Being aware of others is important to conflict resolution
Being Aware of Others is an Important Step to Resolve Conflicts Being aware of others is an important step to conflict resolution. Being aware of others helps you adjust the situation for a good outcome. It is important to be aware of their physical comfort and any other factors that might be affecting their emotions. …
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FAQ: What is the role of the mediator?
Role of the Mediator The role of the mediator is not set in stone. Typically the mediator acts as a neutral third party and facilitates rather than directs the process. At all times, the parties and not the mediator control the outcome of the process. Establish a Process A good mediator is somebody who is…
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When are people most likely to do what you ask?
When are people most likely to do what you ask? (Especially if it is something they are not excited about!) · When they trust you · Experience shows you are a reliable leader and ally · They understand you make decisions for the good of the group · They know you care about them How…
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FAQ: What are the potential benefits of mediation?
FAQ: What are the potential benefits of mediation? It is: A voluntary and confidential process where participants determine the outcome for themselves rather than it being determined by a Judge, jury or an Arbitrator. Offers a wider range of possible outcomes than can ever be determined by a Court. Provides an opportunity for the parties…
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You need to be aware of yourself before you can resolve a conflict.
If you are upset or angry, it affects how you relate to others. You must be aware of your own emotions. We all have them, so don’t deny them. If necessary you may need to call a time-out to let your own emotions cool down. It is not just having an understanding of your own…
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How do you pay for peacemaking?
What Murderers Can Teach Us about Mediation What Murderers Can Teach Us about Mediation was the title of Doug Noll’s key note address to the ADR Section’s annual luncheon. A more descriptive title might have been What Can Convict Women Serving 25-Life Sentences’ With Little Possibility of Parole in a Maximum Security Prison Teach Us…