Lawyers and Mediation: The Benefits of Becoming a Mediation Lawyer
While the number of civil cases that are resolved through mediation (and other forms of alternative dispute resolution) has soared, the cases that end up in a jury trial have drastically declined. Still, not many litigators have acquired the skills needed to be effective mediation lawyers. In fact, over the past thirty years, one of […]
Essential Considerations for Online Mediation Training
Since the Covid-19 shutdown and the increase in remote working, there has been an increase in online mediation training courses. While this reinforces the positive trend toward mediation, it also heralds the need for greater scrutiny and discernment between course offerings. Before you jump at the first course you see, there are several important criteria […]
The Value Proposition of Mediation – Understanding the Cost of Conflict
What is The Cost of Conflict? Conflict is a naturally occurring part of the human condition. When managed properly, conflict can lead to personal growth and development by forcing us to navigate different perspectives, think more creatively, and broaden our collective vision. Yet, there is a cost of conflict; therefore, many individuals ignore it in […]
The Effective Mediation Brief: A Missed Opportunity for Many
Earlier this year, my Weinstein International Foundation (WIF) colleagues sponsored a mediation brief writing competition. The goal of the competition was to inspire and develop mediation brief writing skills in law students from around the world. In preparing for the competition, it became clear to my colleagues that little has been written about the significant […]
The Disappearing Jury Trial and Other Insights for Mediators
Thirty years ago this past week, I walked away from my partnership in a San Francisco litigation firm to develop a market for a decidedly different approach to dispute resolution, a process called mediation. As I’ve recounted hundreds of times in the decades since, the genesis of my career shift was fueled by dissatisfaction with […]
Essential Skills for the Next Generation of Lawyers
Many of us go to law school to become trained as litigation advocates, where our studies are focused on the knowledge and skills needed to represent clients before a judge or jury. Today, however, the opportunities to represent clients in a jury trial are diminishing. By some estimates, less than 1% of civil disputes today […]