Posts

Showing posts with the label Christopher Moore

Disputes Suitable for Mediation

Image
I've been discussing the "what" of mediation.  What kind of disputes are ripe for the process?  In my last posting found  here , I identified some very interesting disputes that a court or the parties have sent to mediation.               Hal Abramson, the author of Mediation Representation: Advocating in a Problem-Solving Process , suggests that certain types of disputes are especially amenable to mediation: ·         When the parties have conflicting views of the facts or law; ·         When a party needs to express strong emotions; ·         When a party craves the opportunity to be heard directly by the opposing party; ·         When clients or their lawyers can no longer effectively communicate with each other without the assistance of a skillful mediator; ·         When the parties are not skillful negotiators and need the process structure and negotiation expertise provided by a mediator; or ·         When a conflict exists between a