Disputes Suitable for Mediation
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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