Tag: Real Estate Mediation
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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…
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Starlings v Blueberries – Last Friday’s ABA Representation in Mediation Competition
Starlings v Blueberries – Last Friday’s ABA Representation in Mediation Competition Last Friday I participated in the ABA Representation in Mediation Competition. I was one of the judges of the competition. It was a two day event held at Berkeley Law in Boalt Hall at the University of California, Berkeley Campus. As Alternative Dispute Resolution…
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What do I do in a mediation?
As your mediator, I am neither your friend nor foe. All too many come into the mediation anticipating that they will “win over” me or that I will advocate on their behalf. Often when this fails to happen, and it should fail to happen, they treat the mediator as an adversary. This does not help…
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Task #14: Looking at the previous two questions, where do you think THEIR perspective differs from your own.
Task #14: Looking at the previous two questions, where do you think THEIR perspective differs from your own. Looking at the previous two questions below, where do you think THEIR perspective differs from your own. Task #12: What important understanding did you think you had when you originally got involved together? Task #13: In a…
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How to stay on the cutting edge of mediation
How to stay on the cutting edge of mediation The cutting edge of mediation. Recently, I wrote an article for our local Bar Association Journal on why someone would want to join the ADR section of the Bar. As the new Chair of the ADR section, was also needed to describe how membership has benefited…