Tag: Real Estate Mediation

  • Creative thoughts on Conflict Resolution.

    Here are Creative thoughts on conflict resolution. As is all leadership, conflict happens.  It needs to be resolved but if not resolved in the right way, the conflict will create other problems. Accept the fact that conflict is going to happen. Decide to take positive steps to manage it. When it occurs, discuss the conflict…

  • What is Conflict Resolution Leadership?

    Conflict Resolution Leadership In any leadership training, the new leader must be trained to resolve conflicts. They must do all of the following. Acknowledge that a difficult situation exists. Honesty and clear communication play an important role in the resolution process. Acquaint yourself with what’s happening and be open about the problem. Let individuals express…

  • FAQ: When Does Mediation Really Start?

    When does mediation start? People tend to believe that mediation begins when all concerned parties meet in the mediation room and take their places at the mediation table.  Mediation begins when disputing parties agree to participate in a private mediation or when a Judge suggests that they attempt mediation. Pre-mediation This pre-mediation phase is frequently…

  • FAQ: What are some the qualifications of a good mediator? Part I

    I have often been asked what the qualifications of a good mediator are. My answer is self serving but true. I have worked hard to make sure that I am the best qualified to mediate a case. Remember it is not bragging if true. So as to not bore you with all of the qualifications…

  • Communication skills are important in resolving conflicts

      “Nothing in life is more important than the ability to communicate effectively.” — Gerald R. Ford, 38th President of the United States   Good communication is the most important tool for resolving conflicts.  Listening is the key to good communication.  Use your ears more than your mouth.  Encourage others to talk but offer no…

  • FAQ: What is the format of a mediation?

    What is the format of a mediation? What is the format of a mediation? The process is entirely flexible and will depend on the mediator and the parties’ preferences. In general terms, it is preferable that position papers are exchanged in advance. Depending on what stage in the dispute the mediation takes place, it may…

  • A handy tool for resolving conflicts.

    A very handy tool for approaching any conflict situation that needs to be resolved is E.A.R.  Ask the people involved to: Express – What you want and what are you doing to get it. Address – Why it is working or not working. Resolve – What ways there are to solve the situation. **For the…

  • FAQ: Can you settle a case after a jury has decided a case?

    Can you settle a case after a jury has decided a case? As part of my full spectrum of dispute resolution services, I offer Appellate Mediation. My considerable experience in this area started in 2007.  I currently serve on the mediation panels for the First and Third Districts of the California Court of Appeal.  In…

  • If you can’t get people to do anything, how to you resolve conflicts.

    In my leadership training on conflict resolution, I have the participates conduct a closed fist exercise.  The participants pair off.  One forms a fist and the other has three minutes to convince them to open their fists. In the debriefing time we discuss how they managed to convince the other to open their fists.   The…

  • FAQ: How to propose mediation?

    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 willingness to explore the possibility of…