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    • March
      29
      2021
      Dispute Resolution Section Blog

      The Virtual Mediation Buy-in

      The new trend of virtual mediation has been around for a while now. Michael D. Rust discusses lessons learned from 150 mediation referrals during the pandemic, and how the use of online dispute resolution is translating to the users of the services.

    • February
      24
      2021
      Dispute Resolution Section Blog

      Mediating into Overtime: Yes or No?

      When a mediation is heading into overtime, do you continue or reschedule? Brent Nistler discusses the pros and cons of continuing mediation when it takes more time than expected..

    • December
      16
      2020
      Dispute Resolution Section Blog

      Mediators & Attorneys: 7 Tips on Practicing with Cultural Humility

      Effective representation – whether a mediator or lawyer – requires understanding not just the parties’ points of view, but how your own biases may impact the process. Lisa Derr offers seven tips for mediators to improve their cultural awareness.

    • November
      18
      2020
      Dispute Resolution Section Blog

      Successful Mediation: Stay Neutral, Stay Calm

      Important keys to a successful mediation: Maintaining neutrality and keeping in check the emotions of the participants – including the mediator. Judy O’Connell discusses ways to stay neutral and create calm in the mediation process.

    • October
      16
      2020
      Dispute Resolution Section Blog

      Early Neutral Evaluation – Is It Time to Use It in Family Law?

      Early neutral evaluation is an available and alternative option for resolving civil cases quickly and efficiently. Marta Meyers discusses the issue, saying that it may be time to attempt early neutral evaluation more earnestly and more often in Wisconsin.

    • July
      09
      2020
      Dispute Resolution Section Blog

      Two Mediators’ Perspectives in the Era of Social Distancing

      Mediating by video conference is not as straightforward as in-person sessions. Lisa Derr and retired Judge Charles Kahn share their perspectives on how they have adapted to technology in the era of social distancing including accessibility, neutrality, and confidentiality.

    • March
      03
      2020
      Dispute Resolution Section Blog

      The Caucus in Mediation

      Caucusing in mediation is useful way to exchange information and provide a safe place to reality check, brainstorm, and examine feelings. Cathy A. Warmington discusses the ins and outs of caucusing in mediation.

    • February
      25
      2020
      Dispute Resolution Section Blog

      Drafting Mediation Agreements after Ponfils Trust

      The decision in Ponfils Trust is a cautionary tale about according mediation agreements their due. James Mathie points out that preparing for agreements ahead of time can be the key to getting them right at the end of a long mediation.

    • September
      03
      2019
      Dispute Resolution Section Blog

      Mediating the Zipper Merge

      Mediation may seem like a traffic jam, but with the right mediation tools situations can successfully merge into a solution. James Mathie lists a few ways lawyers can set up a mediation for success.

    • March
      05
      2019
      Dispute Resolution Section Blog

      An Effective Mediation Tool: Listening

      Listening closely and carefully is one of the most effective tools of the family court mediator. Nancy Mills discusses this subtle mediator skill that helps the mediator bring adversarial parents to an agreement that places the needs of the child first.

    • January
      31
      2019
      Dispute Resolution Section Blog

      When Two Heads Are Better than One: A Case for Co-Mediation

      Certain legal disputes may be better handled by two neutral parties working together to help the case reach a resolution via co-mediation. Roy Wagner discusses when two heads are better than one.

    • February
      14
      2018
      Dispute Resolution Section Blog

      Pro Se Mediation is Hard Work

      Former Sheboygan County Circuit Court Judge James Bolgert was attracted to a mediation practice because he believes in using mediation to resolve family disputes. "And mediation with attorneys works well with a schedule in which some days are reserved for higher things (grandparent work)," he writes. "Pro se mediation reminds me of practicing law: You get calls."

    • November
      21
      2017
      Dispute Resolution Section Blog

      Seven Issues to Address in Your Personal Injury Mediation Statement

      From liability considerations to subrogation, there is a lot to consider before going to a personal injury mediation. Are you prepared? Timothy Hawley helps you to prepare with a list of seven issues to address in your mediation statement.

    • October
      16
      2017
      Dispute Resolution Section Blog

      7 Tips to Reclaim Civility in Conflict

      In these tumultuous times, the American Bar Association's annual Mediation Week is an opportunity to reflect on and consider the value of mediation for addressing conflict in our lives. Lisa Derr and Amy Koltz offer seven tips for learning, engaging in, and sharing about mediation.

    • August
      04
      2017
      Dispute Resolution Section Blog

      Twice is Nice: Why You Shouldn't Fear Mediation

      During mediation, if you suddenly learn new information about your case that makes you rethink its settlement value – that is a good thing, not something to be afraid of. Mediation, says Michael Pollack, is the better time than during trial to find out what’s harmful in your case.

    • December
      13
      2016
      Dispute Resolution Section Blog

      Converting Calls to Mediation Clients

      You spend money advertising to make the phone ring – but what do you do when the phone actually rings? Lisa Derr discusses the key components to successfully converting that caller into a paying client.

    • August
      19
      2016
      Dispute Resolution Section Blog

      Achieving Success with Interest-based Home Buying

      What happens when you apply interest-based bargaining techniques to the typically distributive process of buying a home? Michael Rust shares his experience.

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