Conflict has many arenas. It happens at home, the office, the family table. Hell, Zoom call conflict is now a regular thing. Regardless of the setting or the players, the underlying reason for arguments, disagreements, or beefs is usually the same and, if you want to learn how to resolve conflict, you must recognize it.
Read moreSix Ways to be a Better Mediation Advocate - End of a Mediation
One thing that mediators should bring to the negotiation process is persistence.
Once a settlement has been agreed in outline, for the agreement to be binding in accordance with the Mediation Agreement, it needs to be set down in writing and signed by the parties.
Frequently, at the end of a long day, parties want to leave the drafting until “tomorrow”.
Generally, it is better to keep going and complete a written agreement when everyone is present and focused on the task in hand.
Most mediations settle on the day with settlement rates at 75% and above with a further 15% of cases settling in the days and weeks following.
But what if the day ends with no deal?
Here are six things skilled mediation advocates do at the end of a mediation in the event of no settlement.
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 moreNonprofit View: Meditation center endorses listening, asking questions over arguing
This year, instead of counter-arguing or trying to change someone’s opinion, we should try listening to understand and ask questions. What experiences has this person had to lead them to believe what they do? What is important to this person about this issue? Too often, we focus on the things that divide us. In 2021, let us focus on the things we have in common: A desire to return to some form of normalcy, the ability to safely gather with friends and family, and the desire to be heard and understood.
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