Mediate.com's
Conflict Resolution Newsletter
July 20, 2005 No 144
July 20, 2005 No 144
Damos aqui especial relevância ao artigo sobre a experiência de Mediação Comunitária em Greenwich (Londres); bem como ao artigo sobre o Modelo Narrativo de Mediação.)
Better Practice Tip: Recognized Exceptions to Mediation Confidentiality and Remedies That Every Litigator Should Know
by Max Factor III and Alice M. Graham
You are representing a client at mediation. You know the general rule: what happens in a mediation is confidential. However, during the course of the mediation, perhaps you observe that the mediator favors the other side. Or a party makes certain statements at the mediation which lead you to realize that the judge in your case has a material undisclosed financial interest. Perhaps a party appears medicated, unable to appreciate the meaning of the settlement reached at the mediation. Can anything be done? In many cases, the answer is yes.
Narrative Mediation: An Exercise In Question Asking
by Angela Nagao and Norman Page
Based on a hypothetical case, this essay outlines considerations used in the narrative approach to mediation and demonstrates how question asking can be used to transform relationships. Further, it advances the notion that question asking is an appropriate way of regulating mediator involvement. Sample questions are included at various stages of the process.
Will Businesses Begin To Demand That Legal Counsel Use Diverse Mediators?
by Elizabeth Moreno
As a result of demands from leading companies who are its clients, law firms now have diversity policies and programs to recruit and retain diverse partners and associates. Will these companies demand that law firms address diversity in the pool of mediators it uses to resolve matters for it?
Are you thinking of MEDIATION to settle a parenting dispute?
by Gary Direnfeld
Whereas in court the parents are bound by the decision of the judge, in mediation the role of the mediator is to help parents communicate and determine their own solution to the parenting of the children – a mutual agreement.
Supporting Difficult Conversations: Articulation And Application Of The Transformative Framework At Greenwich Mediation
by Patricia Gonsalves and Donna Turner Hudson
“Listening, talking and working together to reach agreement about dispute” was the mission statement quoted in the Centre’s first annual report in 1996. It is reflective of the agreement-driven approach to mediation in which the Centre’s initial group of mediators were trained, an approach so widely used in mediation programmes throughout the United Kingdom that to mediate any other way is almost unheard of. This approach to mediation makes a basic assumption that what parties in any mediation want most is to get their conflict settled and to reach some sort of agreement about how they will coexist in the future. There is a logical sense to this notion of mediation, but only if one views conflicts as problems that need to be resolved.
A Brief History of the Los Angeles Superior Court’s Mediation Program
by Materials Provided by Southern California Mediation Association (SCMA)
The Los Angeles Superior Court sponsors one of the largest and most active mediation programs in the world. Historically, mediators have been asked to volunteer their services and work for reduced fees. There is an active debate as to whether these policies should continue. These materials provide background and detail on both sides of the debate. Review the materials and take part in the online discussion or meet live with the members of the Southern California Mediation Association on July 30, 2005 at Pepperdine's Straus Institute in Malibu.
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