Mediation How-To for Trial Lawyers?
The June issue of Trial, a publication of the American Association for Justice, contains a helpful "How-To" article for trial lawyers on the mediation of commercial disputes. Stewart I. Edelstein wrote the lengthy "Hot-To" article, which discusses such topics as choosing the right mediator, preparing to mediate, selecting which strategies to utilize, getting past impasse and finalizing the mediation. The tips are summarized quickly for you below.
Choosing a Mediator Mr. Edelstein writes that you should chose a mediator ?"who is impartial and has a strong track record for effective problem-solving, excellent negotiating skills, patience, trustworthiness, a keen business sense, and a good sense of humor." However, sometimes a general mediator won’t get the job done. You may need to choose a mediator who focuses on a particular area, such as construction or patents.
Mike Paget
While very interesting…I do not see a question in here.
Recommended Reading
- Business Conflict Resolution Explained
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- Mediation – The Business Case
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- BIS Manage Workplace Conflict.wmv
- Dr Mark DeVolder – Business Change Speaker (MCP Speakers)
- The Complete Guide to Conflict Resolution in the Workplace
While very interesting…I do not see a question in here.
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That’s nice – though whether it’s a Hot-to or How-to, I’m not sure what it has to do with me.
It’s not as if you can always choose your mediator, and mediation is something you can’t much learn from a magazine article, so the advice is a bit silly. I think I’ll stick with Canadian Lawyer if I need a read.
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Picking a good mediator is key, in addition to keeping an open mind about how much your case is worth. Listening to the other side’s points about the case is also key to understanding your case from a different perspective.
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