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Just Court ADR

The blog of Resolution Systems Institute

Posts Tagged ‘mediators’

Clients Choose Mediation Based on Mediator’s Words and Silences

Mary Novak, February 4th, 2013

Recently, I had the good fortune to attend an outstanding webinar by Professor of Social Interaction Elizabeth Stokoe,  hosted by the National Association for Community Mediation (NAFCM). Professor Stokoe performs conversation analysis on interactions between mediators and parties. In her presentation, she discussed four common problems mediators may encounter during intake calls with potential clients who are involved in a neighbor-to-neighbor dispute. The problems can lead to the potential client rejecting the opportunity to mediate.

The four core problems that Professor Stokoe discussed are: (more…)

What Might We Learn from the Post-Mediation Shooting in Phoenix?

Susan M. Yates, February 4th, 2013

Neutrals across the country must have experienced a mutual shudder as we read about a party leaving a Phoenix mediation, lying in wait for the other party and his lawyer to leave, and then shooting them, along with a bystander.

My initial response was from that core, human place. I mourn the loss of life and the injuries. I imagine the fear of those in the immediate area. I wonder if I know, or anyone I know knows, the mediator or any of the participants. My heart goes out to the mediator, Ira Schwartz.

Then I think about how this will play out amid the current debate about the role of guns in our society.

But then I imagine the critical questions this raises for those of us in the ADR field.

  • As neutrals, what are our responsibilities?
  • For those of us involved with court ADR programs, what are our special responsibilities? (more…)

Twelve Hours of Conflict

Susan M. Yates, December 20th, 2012

For the first hour of conflict, my neutral gave to me a round table with a great view

For the second hour of conflict, my neutral gave to me two succinct summaries

And a round table with a great view

 

For the third hour of conflict, my neutral gave to me three paraphrases

Two succinct summaries

And a round table with a great view (more…)

The Silent Space: Mediation Confidentiality, the Right to Privacy, and the Mediator’s Role

Heather Scheiwe Kulp, July 12th, 2012

In her recent article in The Ohio State Journal on Dispute Resolution (and in previous articles here and a workshop here), Susan Oberman discusses the tension between mediation’s promotion of confidentiality and the constitutional right to privacy. While the article examines extensively the history of privacy, confidentiality, and constitutional/state law, I want to point mediators and court mediation program administrators to an issue of particular relevance for their practice. (more…)

Part 3 of 3: Foreclosure Mediation Best Practices

Heather Scheiwe Kulp, March 14th, 2012

MEDIATION SESSION ELEMENTS

Ensure Mediators are Well-Trained

Some programs, fearing they will not be able to attract people to mediate, lower the requirements for training mediators. Instead of the normal 40 hour mediation training, they may require only 12 hours of training with an additional training in foreclosure law, or only require that the mediator be an attorney. This lack of training jeopardizes the mediation process itself, as people may not have the tools after 12 hours of training to manage such a complicated discussion. Connecticut’s program boasts a high settlement rate, in part because (more…)