What are the fundamental principles of ADR? What are some basic screening concepts I should know before starting mediation and/or arbitration? What are mediators looking for when assessing for risk? Learn measures mediators use to balance power and keep parties and children safe. Alternative dispute resolution (ADR) functions with three fundamental principles: ADR is a voluntary process ADR is a …
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Category Archives: Negotiation
Identifying and Assessing Family Violence and Power Dynamics
Participating in the Open Bar Lecture at 311 Jarvis
I recently attended one of the great “Open Bar” lectures at 311 Jarvis St— the Ontario Court of Justice in downtown Toronto. It is remarkable that in the court, after hours, gather leaders of the Toronto family law bar, dispute resolution community and judiciary who are working with the most vulnerable of Toronto families at a difficult time in their lives. It …
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Speaking at the OBA Institute on Neuroscience and ADR on February 7 was no exception.
Here is what I learned: Suzanne Sherkin of Highborn Communications taught me that our brains take short-cuts to the familiar, and that this can be limiting. For example, I did not know that the English language has ten times as many negative words as positive ones, and that the use of these words can send our brains to the familiar …
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Telephone Mediation is Family Mediation Friendly
The choice of the space in which mediation takes place is vital to the process of conflict resolution. Factors such as climate, the culture of mediation practice, and procedures that govern the practice of alternative dispute resolution (“ADR”) (such as rules of confidentiality) have usually confined ADR proceedings to enclosed spaces in colder climes
What is mediation?: rantings from a family mediator
I was recently told by a client that her lawyer discouraged her from trying mediation, claiming it is too “touchy-feely”. This rant is for that lawyer.
Coach your Client to be a Better Negotiator: Tips for Negotiating Effectively
ADR professionals are, by definition, skilled negotiators. What attitudes, skills, and strategies do we already have to help coach our clients to achieve the best possible outcomes? 10 Coaching Tips for Clients 1. Our clients all come to us from a place of fear. They fear loss: of what they want or need, of a relationship, of control, or of …
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Family Arbitration: Exploring Your Options in Dispute Resolution
Family arbitration is a very different process from mediation, and yet they are often confused. Arbitration is a process whereby the parties present their version of the story before a privately-retained arbitrator, often a senior family lawyer, who hears the evidence, applies the law and makes a binding decision. Family arbitration is therefore, more like court than it is like …
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Professionalism in an Adversarial Legal World
As a mediator, mediation and negotiation trainer, and provider of court-connected dispute resolution services, issues of professionalism and professional ethics arise often in my work. Although professionalism cross all legal and dispute resolution cultures and contexts, they may arise more often in the family law context, where the drivers of conflict are often personal and historical. Lawyers, dispute resolution professionals …
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