Articles About Mediation

What is Mediation?
Mediation is defined as a process of assisted negotiations, and its key qualities are described. A good primer for those contemplating mediation.

Frequently Asked Questions about Mediation and Negotiation

Litigate Or Mediate?: Mediation As An Alternative To Lawsuits
Adrienne L. Krikorian, Esq.
Mediating a case before a lawsuit is filed enables the parties to present their case to a mutually selected neutral person before any money is spent on litigation. The cost of mediating a case is minimal compared to the costs incurred through the life of a lawsuit.

What Does A Mediator Do?
Ed Ahrens
Okay, we know you can"t make decisions. We know you can"t issue orders. ("I"m not a judge or an arbitrator, blah, blah, blah.") We know you can"t take sides, must always remain neutral. And we know you can"t give us legal advice. And then you tell us mediation is a consensual process. Bummer. Now the other side can walk at will! "So, what in the hell DO you do?"

Mediator Neutrality: How is it possible?
Rachel Fishman Green
How could a mediator be neutral about your situation when you are getting divorced? Surely one of you is right and the other is wrong! If you know in your bones – and all of your friends agree – that you are right, you may think that mediation would not make sense for you, because you don’t want to compromise.

Eleven Questions Most Commonly Asked About Mediation
Forrest S. Mosten
We all have questions about mediation. Not just disputants, but also the lawyers, and mediators themsleves. This list aims to answer some of the peristent ones.

Five Steps to Choosing a Qualified Mediator
Alaska Judicial Council
Because no easy formula can predict mediator competence, the consumer must do some groundwork before selecting a mediator.You can use the Consumer"s Guide to Mediation provided by the published by the Alaska Judicial Council, to choose your mediator.

Choosing A Divorce Mediator
Julie Denny
Finding and selecting a mediator can be easier if you follow some simple steps. In the best of circumstances, divorce is an uncomfortable process. Take the time to assure you have a mediator whom you like, respect and believe to be qualified to help both of you negotiate that equitable settlement.

Choosing The Right Mediator: A Guide To Effective Mediation Styles
Michael J. Roberts
The market demands a mediator who will give the parties the best chance of settling their dispute. So, how do you choose that mediator? Here are one mediator"s views after having mediated thousands of disputes over the past fourteen years.

Choosing the "Expert" Mediator
Norman Brand
When a dispute is truly ripe for mediation, who you choose to mediate is unlikely to affect the outcome. Frequently, however, who you choose to mediate can be critical to making mediation work.

Mediation: The Sensible Means For Resolving Contract Disputes
Kenneth P. Kelsey
Along with more complex contracts comes increased opportunities for contractual disputes. Most construction contracts today contain some form of Alternative Dispute Resolution (ADR): a contractual means to resolve disputes without going into the classic courtroom setting.

Getting A Divorce? Why You Should Not Just Fight It Out
Mimi E. Lyster
Many have traveled the adversarial road, and probably for many of the same reasons. Constant fighting, arguing and blaming in a marriage or similarly committed relationship generally leads to more of the same while dissolving it. Unfortunately, the consequences of continuing this behavior can be dramatic, including protracted litigation, escalating costs, a dramatically reduced standard of living and significant damage to your children’s emotional well-being.

Resolving Disputes Through Employment Mediation
Michael J. Roberts
Few controversies are more damaging to a business than a dispute with an employee. In today"s environment, a single major employment dispute can result in the erosion of substantial assets because of legal fees and a potential jury award.

Construction Mediation Really Works
Gary Morgerman
The use of mediation to resolve disputes between members of the construction community is finally taking hold in the industry as word of its effectiveness, efficiency and economy spreads. Following is the story of a construction mediation mediated by Construction Mediation Inc in New York City.

Estate Planning and Family Business Mediation
Laura Bachle
Unlike J.R. Ewing in Dallas, controversy arises among families and business owners more often as a result of misunderstanding than malevolent motives. When people get beyond the resistance and begin working together on an estate plan MOU or partnership charter, they discover that openly dealing with issues lessens the likelihood of misperception, builds trust and confidence, and improves their chances for long-term success.

Pre-Mediation Questionnaire: Dispute Clarification Tool
John Gromala
Many disputes have a prior history of an amicable relationship. This is especially true in business disputes. Thinking back on "better days" can create the atmosphere for productive dialogue. Use this tool to help prepare for mediation.

Learning To Use The Mediation Process - A Guide For Lawyers
Norman Brand
Mediation is changing law practice. It is the cheapest, lowest risk, and most under-utilized form of alternative dispute resolution. And the demand for it is rapidly growing.

Inventing Options For Mutual Gain
Department of Veterans Affairs
In having a successful conversation a most important factor is finding new options that will give a more satisfactory response to the interests of both you and the other person.

How To Overcome Impasse
Department of Veterans Affairs
As negotiations proceed, Parties sometimes reach an impasse -- often not due to overt conflict, but rather due to resistance to workable solutions or simply exhaustion of creativity. While the impasse might signal that the dispute is unresolvable in mediation, the mediator may believe that a workable agreement is still possible. This article describes some techniques to get negotiations moving.