Tag: mediation
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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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Our friend the Devil’s Advocate.
Our friend the Devil’s Advocate. Our friend the Devil’s Advocate is the first of Margaret Heffernan’s counterintuitive guidelines. It is useful conflict resolution to appoint a devil’s advocate. Someone whose excellence is demonstrated by the quality of questions they asked. Great questions include: What are the best reasons not to do this? Why are we…
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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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We need more conflict in our lives.
We need more conflict in our lives. Management expert Margaret Heffernan postulated this counterintuitive lesson learned in her years running businesses and organizations in her TEDGlobal 2012 presentation. Her insight has great implications for successful mediations. I have always contended that mediation is conflict at its best and her insight bares this out. Heffernan has…
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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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A Recommendation from a McGeorge Law Student
A Recommendation from a McGeorge Law Student A Recommendation from a McGeorge Law Student is one of the privileges of teaching is getting feedback from my students’ years after I taught them. Ken was an extremely helpful professor. He cared greatly for his students and was always willing to provide personal assistance to each and…
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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…
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Task #9: At what point will you know that the potential agreement is better than going to court?
Task #9: At what point will you know that the potential agreement is better than going to court? 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,…
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A Recommendation from Australia
A Recommendation from Australia A Recommendation from Australia is one of the privileges of teaching is getting feedback from my students’ years after I taught them. It gives me great pleasure to recommend Ken to a prospective employer for his experience and knowledge in law and for having great talent as an efficient and well-rounded…
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Task #8: How will you know you have developed an agreement at the end of the mediation?
Task #8: How will you know you have developed an agreement at the end 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…