Tag: mediation
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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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A working definition of a Conflict.
A working definition of a Conflict. What is a working definition of a Conflict. Conflicts can occur when people disagree with each other and are unable to find a reasonable compromise. The roots of these disagreements can arise from many sources including differences in personality, values and perceptions. They also can and often do arise…
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Task #17: How do you evaluate the betrayal, bad faith or loss of confidence?
Task #17: How do you evaluate the betrayal, bad faith or loss of confidence? 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…
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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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Teaching youth how to resolve conflicts.
Teaching youth how to resolve conflicts. I’m privileged to be an adult staff member for a National Youth Leadership Training (NYLT) course. It is a very satisfying experience and a lot of fun. One key topic on the course is how to resolve conflicts as a leader. This blog is adapted from this course. Leading…
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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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Task #16: At what point did you first have any realization of betrayal, bad faith, or loss of confidence?
Task #16: At what point did you first have any realization of betrayal, bad faith, or loss of confidence? 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…
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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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Evaluate the trust and goodwill that supported your original agreements.
Task #15: How did you evaluate the trust and goodwill that supported your original agreements? 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…
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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…