Mark Fotohabadi of the ADR Times explores how a well-crafted mediation brief requires careful consideration of the audience, strategic timing, and a clear structure to effectively influence decision-makers. By addressing key factors, incorporating impactful exhibits, and concluding with a strong summary, attorneys can significantly enhance their chances of achieving favorable mediation outcomes.
https://adrtimes.com/mediation-brief/
Read MoreJohn Lande writes that the Real Practice Systems Project's menu of mediation checklists, developed in collaboration with ADR Notable, provides mediators with structured guidance to refine their practice based on real-world complexities rather than oversimplified theories. These checklists help mediators consciously develop personalized systems, adapting to case-specific factors while also serving as a resource for educators, trainees, and researchers.
http://indisputably.org/2023/12/real-practice-systems-project-menu-of-mediation-checklists/
Read MoreWilliam Gilbride looks at how facilitative mediation has proven successful in resolving civil disputes, leading courts to refer cases to mediation earlier in the litigation process, even before discovery. Key strategies for effective mediation include holding joint sessions to encourage direct communication, allowing clients to speak for themselves, and carefully considering "final offer" strategies with the mediator to avoid prematurely ending negotiations.
https://mediate.com/a-successful-mediation/
Read MoreCharlie Young of Mediate.com looks at how research on the psychological side of mediation has highlighted the impact of confirmation bias, where ingrained perceptions can hinder dialogue and create impasses, requiring mediators to approach the process with empathy, non-judgment, and patience. Mediators can help facilitate breakthroughs by fostering inclusive communication, gently guiding participants through the slow reshaping of perceptions to reach mutual understanding and resolution.
https://mediate.com/confirmation-bias-something-mediators-need-to-appreciate/
Read MoreThis guide is designed to help individuals responsible for addressing employee conflict within an organisation achieve better outcomes for employees and the business. Written by leading practitioners and combining CEDR’s institutional learning and understanding of conflict, this 35 guide covers:
What is Workplace Conflict?
What is Mediation?
The Difference between Workplace and Employment Mediation
What does Workplace Mediation look like?
How to set up your Workplace Mediation
Internal or External Mediator?
Confidentiality
Confidentiality Breaches
‘Without Prejudice’
Managing Outcomes from the Mediation
Resources
https://indd.adobe.com/view/7cfbdbdd-d44c-46d5-a28c-13106f5947e1
Read MoreRebecca Attree of IPOS Mediation explains how blended mediation, which combines in-person and remote participation, offers a flexible and efficient approach to dispute resolution, reducing travel costs, improving scheduling, and accommodating participants' preferences. While some may have concerns about mediator neutrality in mixed formats, the approach enhances accessibility and adaptability, making it a valuable tool in the post-Covid era.
https://my.newzapp.co.uk/t/view/1485759148/121956528/
Read MoreMarc Isseries, on JAMS ADR Blog, explains the benefits of a multi-stage mediation process.
https://www.jdsupra.com/legalnews/the-growing-appeal-of-a-multi-stage-93154/
Read MoreAn article from CEDR (Nick Pearson) explains that careful consideration should be given as to who attends a mediation on behalf of the client, and lists some of those considerations.
https://www.cedr.com/who-should-attend-your-mediation-5-things-to-consider/
Read MoreArticle suggests half-day mediations can have disadvantages, leaving too little time for the process and risking dissatisfaction.
Read MoreLarry R. Rute considers how to prepare to mediate multi-party disputes and the importance of identifying negotiation teams.
https://www.aminz.org.nz/Attachment?Action=Download&Attachment_id=585
Read MoreArticle explains the importance, in a complex case, of engaging the mediator to help design the process.
https://mediate.co.uk/article/complex-case-then-use-the-mediator-to-assist-in-the-process-design/
Read MoreLawrence M. Watson Jr examines procedures mediators and trial counsel might use in organising and formatting the mediation of complex, multi-issue, multi-party lawsuits.
Read MoreAlbert Bates Jr and L. Tyrone Holt discuss the complexity of mediating large, multi-party, complex construction disputes.
Read More