The Value Proposition of Mediation – Understanding the Cost of Conflict
By Bruce A. Edwards 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 […]
How to Become a Mediator in California
By Bruce A. Edwards Opportunities for mediators in California continue to expand. In a state of its size with a large and diverse population and a robust economy exposed to market-driven and social pressures, the number of disputes is bound to rise. And rising caseloads are straining judicial resources, causing backlogs of cases and delays […]
What is the Difference Between Mediation and Arbitration?
By Bruce A. Edwards Arbitration and mediation share a common lineage as alternatives to the traditional legal system of court and jury trials. Known as different forms of alternative dispute resolution (ADR), they are both intended to offer less expensive, more efficient outside-of-courtroom approaches to resolving disputes than afforded by more formal litigation. Yet there, […]
Average Settlement Offers in Mediation
By Bruce A. Edwards I was asked by a journalist recently about the average settlement offers in mediation. And while his search for understanding is laudable, the question itself is misguided. What’s wrong with asking about average settlement offers in mediation? Mediation, a form of alternative dispute resolution, is best defined as a facilitated negotiation. […]
The Disappearing Jury Trial and Other Insights for Mediators
By Bruce A. Edwards 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 […]
The Effective Mediation Brief: A Missed Opportunity for Many
By Bruce A. Edwards 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 […]
Rethinking Essential Mediation Skills
By Bruce A. Edwards The key to developing true mediation competency begins with “me” In addition to the quintessential mediation skills training, what do mediators need to improve their mediation competency? While mediation skills training remains vital to the practice of mediation, the key to developing mediation competency begins with self-reflection, self-awareness, and self-management. Before […]
Virtual Mediation: An Enhanced Process or an Ephemeral Solution?
Written by Bruce Edwards I recently conducted a Webinar interview with Sriram Panchu, one of India’s leading mediators, on his experience using “virtual” mediation during the Covid-19 shutdown in his country. Mr. Panchu was quick to correct my terminology, suggesting that he refers to his current mediation practice as “enhanced mediation,” given the added value […]
A Time of Self-Reflection and Change
My season of self-reflection began dramatically: the JAMS office administrator marched into the middle of my two-day mediation and alerted everyone that the Mayor of San Francisco had just announced she was ordering the shutdown of all nonessential businesses. This effort to thwart the spread of COVID-19 heralded the onset of our new reality, sheltering […]
What I Have Learned About Virtual Mediation | Bruce Edwards
Let me start by saying that everyone at Edwards Mediation Academy hopes that you and your families are healthy and are adjusting to this brave new world that we all find ourselves in. I come to you today, not as an expert, but as a co-participant in this grand experiment of virtual mediation. As a […]