In the United States, lawyers and the local and state bar associations, as well as the American Bar Association and the Federal Bar Association, were as enthusiastic as the judges in their promotion and utilization of mediation.
There is no question that lawsuits are always expensive, and may not always be fair in their outcome. In the traditional litigation approach, parties and their counsel are typically geared more to battle than settlement/resolution
The timing of negotiations is often critical to their success. Conflict scholars and negotiators often use the concept of “ripeness,” comparing negotiation to fruit. If a fruit is picked too early,
There are nine steps for the MCN Dispute Resolution Expert to go through to properly prepare for a mediation:
One of the hardest parts of many mediation processes is just getting people to agree to participate. As is explained in more detail in the section on Limits to Agreement: Better Alternatives people are unlikely to be willing to negotiate if they think they
By its very nature and judges are sometimes too judgmental because of their educational guide, and lawyers mostly have trouble shedding their role as advocates or they are also conditioned to look at any issies with a legal perspective.