By Jennifer Wolf “Many parents are vaguely familiar with mediation as a way of resolving child custody cases but aren’t sure what it is or how to initiate it. In short, mediation is a process of resolving legal disputes in which a neutral third party — a professional mediator — helps parents discuss issues and reach an…
By Ian Szlazak, Resolution House “There are many definitions of the mediation process. Perhaps one of the most accurate, certainly the simplest, is that it is “assisted negotiations”. Recognizing that this definition does not provide new participants with much guidance on what to expect and how to prepare for mediation, please consider the following guiding principles,…
by Matthew Rushton “Alternative dispute resolution (ADR) has a critical role to play for in-house counsel seeking to do more with less, but it remains something of a novelty as compared to the centuries-long tradition of courtroom litigation. While there were many international arbitrations in the nineteenth century and into the early twentieth century, they tended…
By DANA RIMINGTON, Standard-Examiner Correspondent “When there is a dispute involving divorce or family matters, labor management or public issues, most people turn to the courts to help solve their problems. However, the use of mediation is increasing in popularity. Local religious leaders met recently to learn about what mediation entailed and how it can help…
By Jean Murray “You may see in the news that a conflict is being “taken to mediation.” For example, in a 2016 conflict between the National Parks Service and concessionaire Delaware North over naming rights at Yosemite National Park, the parties “have agreed to a mediation session.” So what does that mean? What is Mediation? Mediation is…
By Michael Zeytoonian Before we talk about mediation and the value of early mediation, let’s start with two key questions to ask yourself about your dispute: How quickly do you want to get your dispute resolved? Is most of the relevant information needed to resolve your dispute the kind that is (a) freely available or ascertainable…
By Dr. Justin Wood Over the last few decades there have been many new forms of alternative dispute resolution (ADR) established and VERY appropriate. Most notably; mediation which has a binding agreement made by the parties in which the mediator, a third party neutral, facilitates and helps walk the disputants through their disagreement to let…
By NOLO.com Mediation is much less formal than going to court, but the conflict resolution process does involve distinct stages designed to lead to a mutually beneficial compromise. Here’s what to expect. In mediation, two or more people come together to try to work out a solution to their problem. A neutral third person, called…
By Harvard Law School PON Staff In many negotiations, both parties are aware of what their interests are, and are willing to engage in a give-and-take process with the other party to come to agreement. In conflicts related to personal identity, and deeply-held beliefs or values, however, negotiation dynamics can become more complex. Parties may…
By Jeffrey Fink Inheritance disputes can be difficult to resolve. They are tied up in a lifetime of emotions toward the deceased and every other claimant under the will, as well as personal and spousal expectations of monetary gain. Here are 10 tips and tricks that have helped with this kind of dispute: Grief. Grief…