The legal community agrees to a limited extent regarding a general definition of mediation. But there is considerable lack of agreement regarding the specific role and function of the mediator. Also lacking is a clear consensus regarding the role and function of lawyers and clients in mediation.
by ELAINE GORDON
My client wants to go to mediation. Now what? How do I select a good mediator? What skills should the mediator bring to the table to increase the chances that a dispute will resolve?
Last fall, the American Arbitration Association (AAA) brought together seasoned Connecticut and New York employment arbitrators to form a working group and review early discovery protocols being piloted by judges throughout the U.S. District Courts. Due to concerns about rising costs and delays in employment arbitration cases, the group wanted to assess if similar protocols tailored to employment arbitration would benefit the process.
JAY H. SANDAK
Recently there has been increased interest in using a combination of mediation and arbitration to resolve commercial disputes. This process has been commonly known as "Med-Arb." It's highly controversial from both the standpoint of the parties to the dispute and the third-party neutral who is potentially serving in a dual capacity.
Creativity Can Lead To Optimally Designed ADR Approaches
By HARRY N. MAZADOORIAN
Give a man a fish, says the proverb, and he will eat for a day. Teach a man to fish and he will eat for a lifetime. So, too, is it in the field of dispute resolution. Offer a dispute resolution process for a particular dispute and the dispute may be resolved. Design an easily accessible dispute resolution system and the dispute may be even more expeditiously concluded or better yet be avoided.
The State of Mediation—And How to Make it Better
By PETER BENNER
Have you recently convinced a client that the pain and cost of litigation make litigation a poor choice compared to mediation, only to have the client unhappy with the mediation session? If so, your experience is not unique, some experts say.
10 Tips For A Successful Mediation
By ROBERT L. HOLZBERG
If counsel and client conclude that mediation is an appropriate method of resolving their dispute there are a number of basic planning and organizational steps that will enhance the possibility that both client and counsel will view the process as fair and reasonable.