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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

Just Court ADR, 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…)

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

Just Court ADR, July 12th, 2012

In her recent article in The Ohio State Journal on Dispute Resolution (and in previous articles 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

Just Court ADR, 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…)

Groundbreaking Court Decision Requires Courts to Comply with Mediators

Just Court ADR, July 15th, 2011

Housing advocates are lauding the Nevada Supreme Court’s trio of decisions, released Thursday, about Nevada’s foreclosure mediation program. However, under the surface of Pasillas, Redmon, and Leyva lurks factors that could cause upheaval (more…)

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