For most mediations, having the financial relationship between the mediator and the clients prepaid through a retainer can be a very strong impetus towards making the mediation process stronger and more effective.
On Friday, the Supreme Court of Texas agreed to consider whether the San Antonio River Authority must arbitrate a dispute related to the costs associated with a $10 million dam project.
Mediation may be described as a process that evolves over four different phases. It begins in a joint session and ends in a final joint session.
I ask both parties to come in for an introductory meeting when they inquire about divorce mediation.
The divorce process has significant impacts on the lives of the spouses and their families depending on how they go through the divorce. This article outlines how divorce mediation can save families money and time, and reduce trauma when compared to a traditional, litigated divorce process.
Only people we love and care deeply about can make us so angry we want to blow a gasket, says famed Star Trek actor George Takei.
This looks at a PON article which discusses four reasons why a negotiator might proceed down the slippery slope of an ethical lapse.
This article looks at musical greats and what their lyrics can teach us about mediation.
As a former practicing CPA, who is now a professional mediator, I pose the following question: What has the Tax Cuts and Jobs Act done to help couples improve the statistics regarding the institution of marriage and make the emotional issues of divorce less stressful?
The wider Influence of mediation and negotiative thinking beyond practice.
The New York Times “smarter living” column has an interesting piece about letting go of grudges and forgiving others.
This article explains how the sitting arrangement can help improve the mediation process or cause unease in the parties. It is drawn from the mediator’s experience and illustrates how sitting helps parties gain confidence in the mediator and become more comfortable with each other in their discussions.
The dispute addresses whether, under the New York Convention, a non-signatory can compel arbitration.
(6/27/19)Judith Starr, Michael Lang
How do you think about reflective practice?
Child custody is often the most contentious aspect of divorce proceedings.
Everyone wants to be right, but oftentimes, holding onto one’s pride tears the relationship apart.
How are we supposed to know, 100%, that our marriage, or significant relationship, is secure?
Divorce and custody mediation creates a safe, cooperative setting for the parties to discuss emotional and substantive issues and engage in collaborative problem-solving.
Whether your divorce was a high conflict or fairly co-operative experience, you will cross the finish line and look up at some point wondering what the next step is.
Educating the next generation about conflict resolution skills--early in life--is essential on many levels.
(6/07/19)Donald T. Saposnek
This is a new interview with Don Saposnek, long-time leader in the field of divorce mediation and best supporting the interests of children in divorce, by Robert Benjamin as part of Mediate's new "The Future of Mediation and Negotiation in Our Culture, Politics and Society" video series.
This is an interview with John Lande, a leading academic in the fields of law and mediation, by Robert Benjamin as part of Mediate's "The Future of Mediation and Negotiation in Our Culture, Politics and Society" video series.
Are grudges useful in negotiation?
I argue that mediators are well advised to be mindful of the distinction between appearance and reality.
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When one or both people in a marriage or long-term committed relationship are struggling with the question “Should I get a Divorce?”, Family Mediation can be an ideal process for the couple to have some difficult discussions and make a fully informed decision about next steps in their relationship.