Standard I of the Model Standards of Conduct for Mediators is entitled "Self-Determination" and admonishes us that "a mediator shall conduct a mediation on the principle of party self-determination."
By turning their faces from the legal system, many companies have saved fortunes in the money and time that legal proceedings require.
What would you have done, if you were a violence prevention specialists?
When asked what advice she has for the next generation of ADR professionals, Mrs. Pereyra-Alvarez says, "Always go in with an open mind. Always believe that you are going to resolve the case, no matter what." This is a biography of her career path.
One of the most important aspects of mediation is self-determination. Standard 1 of the Model Standards of Conduct for Mediation is entitled “Self-Determination.”
As soon as you begin to contemplate divorce, the nauseating, panic-attack-inducing realization of losing half of your net worth kicks in and you find yourself wondering if it’s even worth it to consider leaving if you’re just going to end up broke and starving. Mediation may not even be an option in your mind, but it should be.
Large-scale global construction disputes often present a complicated mix of factors, such as publicity-associated risks, government oversight, huge project size, a large number of implicated parties and momentous damage issues.
Judge Irma Gonzalez has spent the last eight years at JAMS as a mediator, arbitrator, special master/referee and neutral evaluator. In honor of Hispanic Heritage Month, we spoke with Judge Gonzalez about how she started in ADR, her accomplishments, the challenges that she’s faced and her advice to younger generations.
Conflict in the workplace is inevitable when people with different values and opinions come together.
This discussion exemplifies one of those very few circumstances in which mediation may not be appropriate because a public policy is at stake.
"For centuries, we have shared common expectations of how we behave ethically in society, based largely on a mutual understanding of the reality in which our decisions play out. These underlying expectations have come to be guided by three pillars."
Law school teaches students that law is a seamless web of rules emanating from authorities like statutes and cases which they must memorize and finely parse in hypothetical cases.
A podcast from JAMS featuring Hon. Joan N. Feeney (Ret.) and Hon Phillip J. Shefferly (Ret.) discussing the intersection of ADR and bankruptcy disputes, drawing on their experience as retired bankruptcy judges and mediators
With COVID19 cases rocketing once again, old questions return. We are all inescapably affected by the behaviors of others on this so we have to work out the answers with other people around us.
The UK Civil Justice Council recently issued a report determining that parties to a civil dispute can legally be compelled to participate in an ADR process (e.g., mandatory mediation) and that doing so could also be desirable under certain circumstances.
Let’s reflect on our experiences, the mistakes we made, the lessons we learned and the conflicts we resolved.
I wrote this article growing out of the lively discussion in a program on fairness.
In the past, I have discussed studies on the unreliability of witness identification of suspects in criminal proceedings.
For Family Cases Involving Reports of Intimate Partner Violence, Shuttle and Videoconference Mediation Are Safe, Effective and Preferred by Parents
In a randomized controlled trial of family cases involving parents reporting high levels of intimate partner violence (IPV), parents felt safer in and were more satisfied with shuttle and videoconference mediation than litigation.
“Setting an example is not the main means of influencing others; it is the only means.” ~Albert Einstein
After years of working with those going through divorce, we have found individuals with two factors really thrive during divorce.
"I know much of our work is done privately in mediation rooms or with groups and we rarely get this level of public acknowledgement so I thought it was important to share!"
Most of the old generations in the Middle East witnessed arranged marriages, which escalated into disputes and conflicts afterwards due to the lack of love. This is why I spent most of my childhood mediating between family members, friends, and neighbors so they can solve their issues, and reach collaborative solutions, without knowing that this can be a profession one day.
Mediators may encounter a reluctance to settle by one or both parties during the course of a mediation session, but understanding the underlying realities of each party’s position may help break logjams.
You may have seen this recent New York Times story about the failure of Marathon County, Wisconsin, to declare itself “A Community for All.”