In court, a lawyer’s role may be likened that of the client’s champion, and in most cases they represent their clients with great focus and passion. But lawyers, especially those who are regularly involved in litigation before the courts, are also accustomed to working with stringent laws, highly technical rules of evidence and within well-defined parameters of operation. Those of us who have seen lawyers in action before a court may therefore find it difficult to believe that these tough litigators can also display the ‘softer’ skills required for mediation. Fortunately for the parties involved in a mediation case, lawyers can indeed remove the cloak of litigator and turn into effective mediators. This is just the first of several good reasons that lawyers achieve great success in mediation.
Read moreInnovative Ways to Use Mediation (other than Dispute Resolution)
The mediation process is inherently flexible. Traditionally, it is used as a dispute resolution tool where parties can come together, call a timeout and reach a mutually acceptable solution. But in the time of a pandemic or even otherwise, there are several uses of the mediation process. Different situations and circumstances can bring out several issues that one might face especially when working in a group or dealing with other people in general. Principles or even the process of mediation can help figure out a plan or a strategy for the developments and help tackle any issue faced by the parties.
Read moreThree Words: Mediation, Arbitration, and Conciliation
Mediation. Arbitration. Conciliation. Three words that sound alike and come up frequently in the family law context but have different meanings and implications. I could write a blog post on each one, but here is the “down and dirty” on what you need to know about each one so you can talk intelligently with either your spouse or a lawyer and do not get tripped up along the way.
Read moreDealing with VIP Privilege in Mediation
Working with egos and emotions is considered an obvious task for a Mediator and this responsibility is heightened when the parties involved are high profile individuals or global brands. I was recently appointed to mediate a contractual dispute between a celebrity and a multi-national brand. From the beginning, both made it clear (through their attorneys and power of attorneys) that they were “very important people” in their own rights, and therefore, will not be seeking to compromise on what they regard as righteous and reasonable.
Read moreThe power of alternative dispute resolution
Not every disagreement needs to end up in court.
Sometimes, patience and the principles of peacemaking are enough to bring the parties involved to an agreeable resolution. Jeff Steele, who coaches an International Academy of Dispute Resolution Mock Mediation Team at Principia College in Illinois, shared his insights Wednesday with the Fulton Rotary Club.
As Steele explained, there are three main forms of legally binding dispute resolution.
Read moreCompromise - it’s not a dirty word
During mediation my heart sinks whenever I hear a party say they can’t give anymore without compromising their ethics or values. Why has compromise become a deal-breaker with such a negative association of giving up or giving in? It doesn’t have to be like that – and parties in mediation should be encouraged to embrace compromise as a worthy strategy.
Read moreLandscape of dispute resolution
When you hear about the word landscape of dispute resolution, the first thing that comes to mind is litigation before a court of competent jurisdiction. However, people need to be made aware that the landscape of dispute resolution quite wider. It includes arbitration and mediation besides litigation.
Read moreAny Type of Legal Matter Makes Individuals Nervous Feeling that All Law Leads to Litigation
This is simply not the truth, and many seasoned attorneys do now stress resolution through arbitration and negotiation rather than litigation. Litigation is a court process before a judge and is not only more costly it is also more stressful and time-consuming and even routine matters can drag on for months or even years. When any individual needs an attorney for any civil matter it does behove them to find one that specializes in negotiation and arbitration and hopes to avoid litigation. While all attorneys should be prepared to proceed with litigation it should not be the priority in many c ases as resolutions can be reached amicably now.
Read moreMediation myths debunked
Mediation is something that has been used more frequently by lawyers as a means of resolving disputes without needing to enter the courtroom. There remains an impression of litigation as an area of law that is inherently adversarial, centred around a duel over right and wrong with your legal opponent on the courtroom battlefield. However, the reality is that most commercial litigation disputes are far more emotionally charged and complex than people think, and a gentler touch may yield better results.
Read moreConflict Management
Workplace conflict is inevitable when employees of various backgrounds and different work styles are brought together for a shared business purpose. Conflict can—and should—be managed and resolved.
Conflict management is the process for handling disputes and disagreements between two or multiple parties. The goal of this system is to minimize the negative factors that are influencing the conflict and encourage all participants to come to an agreement. Successful conflict management results in a mutually beneficial outcome that’s agreed upon by each party.
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