Better Outcomes Through
Alternative Dispute Resolution
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Simple. Creative. Innovative
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The pandemic has brought on many changes, including a complete reversal in the Dispute Resolution Commission’s rules on remote mediation. Prior to June 10, 2020, physical attendance at mediation was mandatory and mediations could be conducted remotely only with the consent of all parties and the mediator. Effective June 10th, the rules changed and all court-ordered mediations under a DRC program shall be conducted remotely
Neutrality and perhaps as important the perception of neutrality is one of the most precious assets a mediator brings to a mediation. In facilitative and evaluative mediation, the two predominant models used in civil case mediation, mediators work hard to maintain their ability to engage the parties from a position of neutrality. This tension is never higher than when we use evaluative skills as a
Life has changed at a blistering pace as a result of COVID-19. The courts are essentially shutdown and deadlines have been extended. Social distancing and sheltering in place as well as travel restrictions obviously impact scheduled mediations and scheduling mediations. On March 17, 2020, the North Carolina Dispute Resolution Commission issued the following statement: “all mediations under a DRC program shall be conducted remotely, if
As briefly described in a previous post, I have been studying a mediation model called narrative mediation and implementing some of its techniques in my practice. Narrative mediation techniques are focused on improving the relational aspects of conflict — that is improving the relationship of the parties. This is why narrative mediation has a strong foothold in family mediation and community mediation in some places
In virtually every mediation that bogs down, I am asked about the use of brackets. Brackets have their place but to state the obvious: the use of brackets will not change parties’ calculation of their BATNA (Best Alternative to Negotiated Agreement), will not affect their underlying interests, or their perception of the right or wrong of a settlement. These are the real drivers toward settlement