By Dr. Justin Wood, Th.d., CJME This is a blog post of a letter I write FINRA in response to their questions asking advise on the proposed elimination of non-attorney representatives in arbitration. I would like to comment on NAR (non-attorney representative) firms, individuals or others that participate in arbitration.  ADR (alternative dispute resolution) was…

By: Dr. Justin Wood, Th.d, CJME Preface Primarily: I am not saying all attorneys who practice mediation are unethical but there are many who clearly violate both mediation and attorney ethics rules. Secondarily: Anyone setting as a mediator must adhere to a guideline of neutrality, ovoid using private and confidential information against a participant, forbid…

To have a successful mediation experience, you should come to the table well organized and prepared to explain your side of the story and listen to the other side’s perspective. Some of the following tips will help guide you toward a productive mediation process: Confirm meeting logistics well in advance to ensure all parties and…

By: Dr. Justin Wood, Th.d, CJME Direct negotiation is a dispute resolution technique process at the beginning of the ADR spectrum. It is often a good starting point to see if a conflict can be resolved without needing to use mediation, arbitration or court litigation.  In direct negotiation, the parties may or may not be…

Purpose for ADR in Law | PhloxADR

US Supreme Court Chief Justice Warren Burger (1969-1986) of the United States Supreme Court clearly saw the need for an alternative to the court system that was not as Costly, Painful, Destructive and Inefficient. Oklahoma Law The Oklahoma Legislature clearly saw the same when they created the Oklahoma Dispute Resolution Act in 1983. They mirrored…

By: Dr. Justin Wood, Th.d, CJME A dispute may be ready for a binding ADR process at any time.  In certain business or consumer disputes, the parties may be bound by contract provisions that require the use of a binding ADR process like arbitration. State laws requiring a binding ADR process may also apply to…

Mediation Week 2017 | PhloxADR

Mediation Week 2017 Presentation – No Audio

By: Dr. Justin Wood, Th.d, CJME A mediator’s ultimate goal is to assist the parties in reaching an agreement to settle their dispute.  To reach this goal, the mediator may take on several roles throughout the ADR process. Some examples of roles a mediator might play include: Convener: Assist in contacting the various parties to…

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