What is the Difference Between Mediation and Arbitration?
Mediation and arbitration 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 those afforded by more formal litigation. Yet there, the similarities end. […]
Average Settlement Offers During Mediation
What’s Wrong with Asking About Average Settlement Offers During Mediation? 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. Mediation, a form of alternative dispute resolution, is best defined as a facilitated negotiation. At its core, it […]
Becoming a Better Mediator Begins With “Me”
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 determining how we can effectively assist those in conflict, we must first look inward to better understand our own emotional competency and the impact we have on others around the mediation table. Developing […]
How to Choose an Online Mediation Training Course: What Actually Matters
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, look closely at the following […]
A Roadmap to Build a Successful Mediation Career
Many students in our mediation training programs ask about the steps they should take to translate their professional training into a successful mediation career. While an education and a high-quality mediation training program are essential for laying the foundation of a career, they are not the ultimate indicators of a successful career in mediation. What […]
A Case for Forgiveness in Mediation
What is the Role of Forgiveness in Mediation? Forgiveness can be a powerful and transformative element in mediation and conflict resolution. While forgiveness in mediation is not always the main goal, it can create a conducive environment for amicably resolving conflicts. The case for forgiveness in mediation stems not just from its potential to facilitate […]
How to Become a Mediator in California
Now is a great time to become a mediator in California. Opportunities for California mediators 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, […]
The Value Proposition of Mediation – Understanding the Cost of Conflict
What is The Cost of Conflict? The cost of conflict is central to the value proposition of mediation because it highlights—both tangibly and intangibly—what mediation helps individuals and organizations avoid. In essence, the greater the costs of unresolved or poorly managed conflict, the more valuable mediation becomes as an alternative. Conflict is a naturally occurring […]
The Disappearing Jury Trial and Other Insights for Mediators
As the era of the ‘disappearing jury trial’ unfolds, mediators and legal advocates alike must adapt to a shifting paradigm where resolution via dialogue increasingly replaces a verdict in court. 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 […]
A Dent in the Universe
As we approach the August 7th 2019 United Nations Convention and signing ceremony promoting international settlement agreements resulting from mediation, it is timely that we pause to reflect on the many and significant strides that have been made around the world toward promoting the use of mediation to resolve conflict. As Steve Jobs famously said, […]