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Dispute Resolution Section Blog The Virtual Mediation Buy-inThe 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.
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..
Dispute Resolution Section Blog Mediators & Attorneys: 7 Tips on Practicing with Cultural HumilityEffective 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.
Dispute Resolution Section Blog Successful Mediation: Stay Neutral, Stay CalmImportant 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.
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.
Dispute Resolution Section Blog Two Mediators’ Perspectives in the Era of Social DistancingMediating 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.
Dispute Resolution Section Blog The Caucus in MediationCaucusing 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.
Dispute Resolution Section Blog Drafting Mediation Agreements after Ponfils TrustThe 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.
Dispute Resolution Section Blog Mediating the Zipper MergeMediation 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.
Dispute Resolution Section Blog An Effective Mediation Tool: ListeningListening 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.
Dispute Resolution Section Blog Pro Se Mediation is Hard WorkFormer 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."
Dispute Resolution Section Blog Seven Issues to Address in Your Personal Injury Mediation StatementFrom 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.
Dispute Resolution Section Blog 7 Tips to Reclaim Civility in ConflictIn 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.
Dispute Resolution Section Blog Twice is Nice: Why You Shouldn't Fear MediationDuring 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.
Dispute Resolution Section Blog Converting Calls to Mediation ClientsYou 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.
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