Mediation

Dog Eat Dog World
Do You Need a Mediator?

Dispute resolution is not restricted to the human world. We have heard the expression "it's a dog eat dog world". In fact, this phrase originates from a Latin phrase which translates to "dogs do not eat dogs". This implies that only people driven by survival...

understanding implicit cognitive bias - mediation
Understanding Implicit Bias in Mediation

Imagine a world free from bias? It would likely be a world without humans. Like it or not, cognitive biases are very much a part of humanity. As much as we may tell ourselves that we will enter negotiations with an open mind and evaluate offers...

Redefining and Revisiting Success at Mediation
Redefining and Revisiting Success at Mediation

Originally published as a paper, read in full [PDF]. All too frequently, I attend mediations and I am asked by one side or the other or both to “work your magic”. It is my theory that neither magic acts nor miracles occur at mediation. Magic acts...

Stop compromising at mediation
Stop Compromising at Mediation

I have been mulling over this paper in my mind for some time. One of my colleagues is very much opposed to the expression “compromise” as she believes it has negative connotations. This led me to go to the source of all wisdom, the Internet,...

Plaintiff's Guide to Mediation
Personal Injury Mediation 101: A Plaintiff’s Guide

“I’ll see you in court!” How many times have you heard that line on television shows or in movies as a set-up to a climactic courtroom showdown between two sides in a legal dispute? In reality, most lawsuits and civil actions are settled prior to...

Making the Most of Mandatory Mediation
Making the Most of Mandatory Mediation

Obligation. It's a word that takes away any notion that you have a choice in the matter at hand. Put simply, it “must” be done, whether you like it or not. As a result, an obligation may end up feeling more like a burden or...