Nearly all construction industry standard form contracts require mediation as part of their dispute resolution provisions. Often confused with arbitration, mediation is a negotiation facilitated by a neutral third party. Unlike arbitration — a proceeding like a trial — mediation does not result in a final binding decision. And the mediator typically does not have any decision-making authority in the context of the mediation.
Read moreAre there limits to what can be discussed “Without Prejudice”?
Without prejudice discussions between parties to a legal dispute are one of the most effective ways to avoid full-blown litigation and the associated risk and expense. The specialist shipping and commercial litigation lawyersat Bahamas law firm ParrisWhittaker regularly advise clients on ways to avoid court through constructive settlement negotiations.
Read moreWhy are Lawyers Good Mediators?
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 moreResolving conflicts in the workplace
No matter what the size or level of success of your organization, there are bound to be conflicts. With individuals coming from a variety of backgrounds and bringing a host of personality traits, workplace methods, opinions and tolerance levels to the table, workplace conflict is inevitable. It's important to identify what conflict looks like before discussing conflict resolution.
Read moreThe 5 most common conflict resolution styles (and which ones make you a better leader)
“Conflict can and should be handled constructively; when it is, relationships benefit. Conflict avoidance is not the hallmark of a good relationship. On the contrary, it is a symptom of serious problems and of poor communication.”
These wise words from Harriet B. Braiker, author of Who’s Pulling Your Strings? How to Break the Cycle of Manipulation and Regain Control of Your Life, provides a backdrop for the kind of conflict resolution styles that serve organizations best.
How to Resolve Personality Conflicts in the Workplace
Understanding personality conflicts in the workplace is important for managers and employees alike to ensure disputes or frustrations with others are not impeding the team’s ability to remain engaged and productive. Different personalities can clash regardless of the situation. Add in work stress, deadlines, and the day-to-day struggles of work, and these clashes can escalate quickly.
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 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 moreEffects of Body Language in Negotiations
Charlie Chaplin was one of the most successful actors and a pioneer of non-verbal communication. He used body language to connect with his audience. During negotiations, a negotiator constantly questions what expressions, gestures or posture to use next, which will result in giving a positive impression to the opposite negotiator. The body constantly gives signals consciously or unconsciously; it cannot be turned off or resisted. A negotiator should see the hidden intention behind the words through verbal communication and understand the deception or honest opinion through non-verbal communication. To understand and interpret the non-verbal communication correctly and to the benefit of the negotiator, proper training will help the negotiator slowly improve such skills. This will help the negotiator to communicate effectively and efficiently
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