Tag: Mediation

CLE On How to Succeed in Mediation by Really Trying

A lot of lawyers think that they really know about mediation.  But mediation is not arbitration, it’s not an early case evaluation and it’s not just a settlement conference. It’s a voluntary process where the parties control the outcome and have the ability to be creative and craft solutions that no judgment or verdict could ever provide. The Mediator: The Neutral Facilitator…

CLE Course: Revisiting All ADR Opportunities during this Period of Court Budget Reduction

Due to the recent economic crisis and ensuing state budget shortages, California and many states have been forced to significantly reduce the resources and funding available to the legal system. This has had a number of major effects on the legal system and caseload of already-strained courts – including greatly delaying litigant’s day in court. “Justice delayed is justice denied” This has…

Identifying and Understanding Communication Styles in Mediation

Because the mediator’s role is to facilitate constructive communication between the parties communication is one of the key elements in the mediation process.  But how can the mediator facilitate constructive communication if the mediator or the parties have different styles of communicating? The ability to understand how other people’s communication styles can provide an opportunity for mediators to enhance communication between the…