Why Mediate?

The picture above is a typical real estate dispute. Two couples (here two mating pairs of nasca boobies on Genevieve Island in the Galapagos) are arguing over possession of a prime piece of real estate (a nesting site). These two couples spent hours chirping back and forth at one another, resolving nothing. Because the avian world does not know from either mediation or litigation, this argument will continue until either one of

Dispute Resolution: Facilitators, Mediators, Arbitrators

Alternative dispute resolution has become a popular way to identify the root cause of a problem and to build a solution strategy – both in and out of the business world. In some environments this is accomplished by a mediator or arbitrator. Mediators act as neutrals to reconcile differences before proceeding to arbitration or litigation. Arbitrators act as neutral third parties to hear the evidence and decide the case. Arbitratio

The Science and Art of Managing Conflicts and Resolving Disputes

There is no question that lawsuits are always expensive, and may not always be fair in their outcome. In the traditional litigation approach, parties and their counsel are typically geared more to battle than settlement/resolution and ofttimes the cost of the battle exceeds the original amount of the controversy or obviates the real concerns and interests of the participants.

Top 20 Questions People Ask About Mediation

Because it makes sense in most cases.
it from an early resolution follow a path designed to increase the likelihood that mediation will be attempted.
Users of dispute resolution services of all types cannot ignore their vital role in ensuring that disputes that would benef

Litigate or Mediate?

One often hears the term “mediation” in connection with resolution of disputes which have already become lawsuits, and, occasionally, before those lawsuits are filed. Mediation is a process by which a neutral third party called a Mediator hears a dispute between two or more parties and attempts to help the parties settle their dispute without judging the merits of the case. The term “mediation” is often confused with the term “arbitration.” Arbitration is another form of dispute resolution by a third party (as opposed to a trial before a judge or jury). The Arbitrator listens to the evidence presented by each party and then makes a judgment as to who is responsible for the claimant’s damages, and how much the

Can Non-Lawyers be the Best Mediators?

By its very nature and judges are sometimes too judgmental because of their educational guide, and lawyerss mostly have trouble shedding their role as advocates or they are also conditioned to look at any issies with a legal perspective. In many cases then the ideal mediator may be a non-lawyer. Non-lawyers bring to the table […]