Four Ways to Keep the Other Side Talking During your Next Negotiation

To turn a reluctant negotiator into an engaged conversational partner, focus on maintaining strong presence, using open-ended questions through the "questioning funnel," and applying active listening skills like paraphrasing and summarizing. Once rapport is built, you can carefully explore more sensitive issues, having established trust and created a safe space for open dialogue. By Philip Williams, CEDR

https://www.cedr.com/four-ways-to-keep-the-other-side-talking-during-your-next-negotiation/

Charlie Irvine’s Challenge to Mediators to Describe Your Mediation System

Charlie Irvine reflects on the diversity of mediation styles and challenges mediators to articulate their personal "real mediation system." He encourages fellow practitioners to describe their approaches, noting that doing so not only highlights the variety of practices in the field but also helps mediators refine their own methods and gain a clearer understanding of their work.

http://indisputably.org/2023/08/charlie-irvines-challenge-to-mediators-to-describe-your-mediation-system/

Transformative Moments in Commercial Mediation

Jan Frankel Schau, an LA mediator, explains the concept of transformative mediation with examples, and explains how it has a part to play in commercial mediation.

https://www.adrtimes.com/author/janfrankelschau/

Mediation stylesNic ScampionNovember 4, 2022Back to all Resources

For Dispute Resolution, Consider a Lawyer Trained as a Mediator

An article from Harvard Law School explores how hiring a lawyer trained as a mediator can lead to more objective advice and better decision-making in disputes, as such lawyers are less prone to biases that often impair judgment in adversarial roles. Research shows that mediation training and de-biasing techniques like considering the opposite and perspective taking help lawyers—and their clients—avoid costly settlement errors and reach more collaborative, effective outcomes.

https://www.pon.harvard.edu/daily/dispute-resolution/negotiation-research-dispute-resolution-consider-lawyer-trained-mediation-nb/?utm_source=WhatCountsEmail&utm_medium=jsweekly&utm_date=2022-08-27-10-00-00&mqsc=W4146584

Types of Mediation: Evaluative, Facilitative, and Transformative

An article from the ADR Times explains the main types of mediation: transformative mediation, facilitative mediation, and evaluative mediation.

https://www.adrtimes.com/types-of-mediation/

Mediation stylesNic ScampionAugust 19, 2022Back to all Resources

Dispute resolution: The role of neutral evaluation in mediation

Sir Paul Morgan, formerly a judge of the UK High Court and now an arbitrator and mediator at Wilberforce Chambers in London, explains why disputes lawyers must be more ready than ever to recommend mediation before or during litigation, how Early Neutral Evaluation (ENE) can assist parties to settle their dispute, and how ENE can be combined with mediation.

https://www.wilberforce.co.uk/dispute-resolution-the-role-of-neutral-evaluation-in-mediation/

CEDR's Complete Guide to Workplace Mediation

This 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

Five Principles to Maximize Chances of Success in Mediation

To maximise the chances of success in mediation, attorneys and clients should carefully select a mediator suited to the specific dynamics of the dispute, approach mediation collaboratively rather than adversarially, and maintain open, candid communication with the mediator. Success in mediation should be viewed not only as a settlement, but also as a valuable step toward understanding the dispute and creating the conditions for resolution, even if agreement is not immediately reached. By Rachel Gupta

https://mediate.com/five-principles-to-maximize-chances-of-success-in-mediation/

Introducing A New Definition of Mediation

An article considering the spectrum of mediation practice - from evaluative to facilitative - and explaining the concept of 'emergence'.

http://mediationblog.kluwerarbitration.com/2020/03/20/introducing-a-new-definition-of-mediation/?doing_wp_cron=1588276409.6710729598999023437500

Mediation stylesNic ScampionMarch 20, 2020Back to all Resources

Introducing A New Definition of Mediation

Greg Rooney suggests a way to think about the mediation process, suggesting unexpected solutions may emerge from their complex interactions (and mediators might facilitate that).

http://mediationblog.kluwerarbitration.com/2020/03/20/introducing-a-new-definition-of-mediation/?doing_wp_cron=1588276409.6710729598999023437500

Mediation stylesNic ScampionMarch 20, 2020Back to all Resources

Facilitative and evaluative mediation – are the labels misguided?

Article explains that a mediator should adopt both facilitative and evaluative approaches.

https://mediate.co.uk/blog/facilitative-evaluative-mediation/

Mediation stylesNicole MacdonaldFebruary 10, 2020Back to all Resources

Don’t Just Sit There, Do Something! – Geoff Sharp

Article asks whether parties want a mediator to just facilitate negotiation, or help them by evaluating the case, or something in between (and what that might be).

http://mediationblog.kluwerarbitration.com/2013/05/01/dont-just-sit-there-do-something/

Mediation stylesNicole MacdonaldMay 1, 2013Back to all Resources

Facilitative or Evaluative? The Myth of the Distinction – Mark Jackson-Stops

Article suggests the distinction between facilitative and evaluative mediation is hard to draw, and suggests that instead parties want guidance and direction.

https://mediate.co.uk/article/facilitative-or-evaluative-the-myth-of-the-distinction/

Mediation stylesNicole MacdonaldDecember 12, 2012Back to all Resources

Part 2: Is it rude to talk about who would win? – Robert Fisher QC

Article continues description of the evolution of different mediation approaches in NZ, and explains why mediator evaluation – i.e. that helps the parties to evaluate the case – has a place.

http://www.robertfisher.co.nz/wp-content/uploads/2013/05/RTT2.pdf

Mediation stylesNicole MacdonaldFebruary 19, 2010Back to all Resources

Part 1: Is it rude to talk about who would win? – Robert Fisher QC

Article describes the evolution of different mediation approaches (e.g. facilitative : evaluative), and explains why mediator evaluation – i.e. that helps the parties to evaluate the case – has a place.

http://www.robertfisher.co.nz/wp-content/uploads/2013/05/RTT1.pdf

Mediation stylesNicole MacdonaldFebruary 5, 2010Back to all Resources

Choosing The Right Mediator: A Guide To Effective Mediation Styles

Article explains that a mediator should adopt both facilitative and evaluative approaches, and that most important asset may be tenacity.

https://www.mediate.com/articles/roberts3.cfm

Mediation stylesNicole MacdonaldMarch 29, 2002Back to all Resources