Mediating Probate Disputes
by Edmund J. Sikorski
Mediation is simply supervised negotiation between parties who want to settle a dispute. Process is the essence of mediation. Mediating probate disputes is a close cousin to family mediation and commercial mediation because it is usually more interest related than positional but it usually has more players and more complex emotional issues.

Effective Mediation Briefs
by Edmund J. Sikorski
Aside from the cost of preparation and a possible perception that a mediation brief is not going to effect the mediation very much because the mediator is not the decision maker, mediation briefs can be a very effective tool in the dispute resolution process if the focus is aimed at two areas.

Mediation Stalls When Certainty (Digging In) Prevails
by Edmund J. Sikorski
Every mediated negotiation must fluctuate between doubt and certainty to proceed to resolution. Initially, the parties to the process usually have achieved some sense of certainty with regard to the position taken. However, a party must experience doubt in order to arrive at a mediated solution.

Is Pre-Suit Mediation Right for Me?
by David Steinfeld, Esq
What is pre-suit mediation and is it right for your business? Mediation is a less structured and more intimate process than litigation. There are no rules of evidence and procedure as there are in a lawsuit in court.

Mediation Preparation Check List For Attorneys
by Edmund J. Sikorski
The most powerful step anyone can take to achieve their negotiation goals is preparation. We need look no further than a publication of the Defense Procurement and Acquisitions Policy. The department asserts in is online Negotiation Preparation materials that thorough preparation is the most important prerequisite to effective negotiation.

What Disputants Want From a Mediator
by Edmund J. Sikorski
Disputants often want mediators to hear their point of view and then convince everyone else involved that they are right and should get their way. Some more sophisticated understand that some compromise is necessary and that part of negotiation is looking at new approaches to solve a problem, but they still want the mediator to help them advocate their interests.

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 Success
by 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.