Articles of Interest
Making Money Talk in Mediation
by Edmund J. Sikorski
Much of the literature in the field of mediation approaches the subject on a theory of problem solving. But I have observed that that approach to civil trial court mediation where money is the only thing that will change hands has limited application.
Source: YourHub.com
"Mediation: Broader Experience, Better Resolutions"by James Ragsdale
Mediation is an increasingly important component of the legal process here on the Treasure Coast as well as the rest of the nation. Legal professionals in the area have recognized a need for mediators with broader experience and knowledge to provide creative resolutions for complex disputes.
Source: Mediate.com
Preparation: The Key To Mediation Successby Bennett G. Picker
Most mediation advocates in commercial disputes understand that the process offers an opportunity for clients to save time and money, preserve relationships, and achieve creative or business-driven solutions not available in either litigation or arbitration. The flexible mediation process permits the parties to go well beyond the litigation positions, and delve into the underlying interests and needs of the participants.
The Use And Abuse Of The Joint Session
by Michael P. Carbone
Traditionally, mediations of litigated cases begin with a joint session in which the mediator invites both sides to explain their case. The mediator moderates the discussion to insure that each person has an opportunity to speak without interruption. Time may also be provided for rebuttals or to pose questions to the other side.
A Mediator's Fantasy: The Perfect Mediation
by Richard G. Spier
Unable to sleep one night after a particularly arduous, frustrating, and contentious mediation (though the case settled), I found myself fantasizing about The Perfect Mediation.
Exhilaration And Disappointment
by Alec Wisner
How much better it would be if participants in mediation would stop being advocates wedded to their own positions and, instead, were able to honestly analyze their opponents' case and figure out what it will take to move their position
Condo Conflict – Facing A Perfect Storm!
by David D. Stein
In the cogent, if not immortal, words of Billy Joel, “they started to fight when the money got tight. And they just didn’t count on the tears”. This is true of romantic couples being observed in Scenes from an Italian Restaurant, families in general and, these days in particular, people living in and dealing with Common Interest Developments [CID] and Home Owner Associations [HOA].
Mediating Family Property and Estate Conflicts: Keeping the Peace and Preserving Family Wealth
by Jay Folberg
Of all of the cases I have mediated over the past 30 years, the most challenging and rewarding disputes have been those between family members over family property, estates, trusts and businesses.