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…
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…
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…
By: Dr. Justin Wood, Th.d, CJME Yes, mediation and arbitration are different. While they are both forms of alternative dispute resolution and share the same goal of resolving your case outside of the litigation process, there is one very significant difference. A mediator does not have the authority to make a decision and rarely will…
By: Dr. Justin Wood, Th.d, CJME Alternative dispute resolution techniques may be used at various stages of a matter and even before anything makes its way to the court docket. You do not have to wait for a matter to be filed in court to seek alternative dispute resolution techniques. Settlement is traditionally discussed at…
By: Dr. Justin Wood, Th.d, CJME Yes, mediation and arbitration can be combined. There are some benefits, but it can be tricky and may not always be advisable. A hybrid mediation-arbitration approach called “med-arb” combines the benefits of both techniques. Conflicting parties first attempt to collaborate on an agreement with the help of a mediator….
By Michelle Profit “The “Great Transfer”, over 30 trillion dollars in US wealth, is supposed to pass from baby boomers to their heirs in the coming decades, according to a study by the consulting firm Accenture. How contentious this transfer is, will be influenced by the ability of attorneys to draft wills that avoid litigation and…
