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Tag Archives: mediation

Mediation during the COVID-19 outbreak

In the first few weeks of the outbreak, we were able to convert the vast majority of the mediations that were scheduled to either telephone or video mediations, both in Wisconsin and across the United States

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New rules coming to family law

On paper, the new rule appears simple: Starting July 1, lawyer-mediators will be able to draw up settlement documents in family law cases. In practice, though, it's far from easy.

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ON MEDIATION: Using the full strength of your case in mediation

Mediation is often portrayed as a rational and logical choice that saves money and time. Well, it is that. But let’s face it, it’s also usually required by the court and something that you might not do if it weren’t. That means there’s a risk that it becomes perfunctory.

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ON MEDIATION: What’s your BATNA?

The term BATNA was first coined by Roger Fisher and William Ury in a groundbreaking book titled "Getting to Yes." BATNA is an acronym that stands for Best Alternative to a Negotiated Agreement.

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Mediation helps firms find middle ground

Many people confuse mediation with more formal — and binding — arbitration and litigation procedures. Adding to the confusion, mediation is often combined with those two procedures, although doing so isn’t necessary.

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ADR finds a home in family law

For some law students who plan to build a family law practice after passing the bar exam, learning to become a skilled litigator who zealously advocates for clients in custody battles and contested divorces is just the beginning.

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Negotiating the shoals of mediation

I recently took a class in negotiation. It was taught by a well-regarded social scientist. The instructor taught us to increase negotiated advantages and avoid pitfalls.

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COMMENTARY: Traits shared by effective mediators

The first generation of lawsuit mediators experienced settlement negotiations from a unique perspective: not from the sides of the table, but at the center, where you see and hear much more, especially during confidential caucuses.

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The psychology of mediation

Studies show that an individual’s satisfaction with a court proceeding, arbitration or mediation depend on whether that person perceives the process as “fair.”

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Traits shared by effective mediators

The small, first generation of lawsuit mediators experienced settlement negotiations from a unique perspective — not from the sides of the table, but at the center, where you see and hear much more, especially during confidential caucuses.

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