MEDIATE.COM Conflict Resolution Newsletter

The Mediate.com Newsletter

April 12 , 2006 N. 163

Mais uma Newsletter da Mediate.com. Neste número chamamos a atenção para o artigo "Mediação e o princípio da Neutralidade", de Senyo M. Adjabeng.
Senyo Adjabeng trabalha em meios alternativos de Resolução de Conflitos na área laboral e é umj Mediador e Árbitro (certificado pelo National Labour Commission, Ghana). Pertence ainda à equipa do Gamey and Gamey Academy of Mediation (GGAM), no Gana. Visitem o seu site e vejam o que se faz em ADR em África (http://academyofmediation.com/index.php).


Are You Settled? Maybe Not . . .
by Michael D. Young
What the “Tingler” and a Contaminated Property Can Teach You About the Enforceability of Mediated Settlement Agreements in California.

Negotiating Like A Woman: Strategies For Successful Negotiation With Members Of The Opposite Sex
by Jan Frankel Schau
Anyone who has ever been married will have to admit that men and women fight differently. So it should not have been a surprise to me to learn that they often also negotiate differently in a mediation setting. As much as I wanted to deny the gender differences in myself and in our profession, after many years of practicing law, the truth is inescapable: there are certain ways that men communicate that are distinct from “a woman’s voice”. When these differences are better understood, each side of the dispute has an enhanced opportunity to optimize their client’s outcome in a negotiated settlement or mediation.

The Who of Mediation - Part III: Lawyers in the Mix
by Paula Young
How lawyers prepare clients for mediation depends on their client representation skills, their experience with the process, their attitudes towards mediation, their expectations about the process, and the client’s expectations about the process. Over ten years ago, I represented a client in mediation for the first time. Instantly, I was a “true believer.” After that transformation in perspective and professional goals, I have spent the last decade assembling the skills I need to teach students about mediation, represent clients in the process, and serve as a skilled neutral. While mediation may no longer be the latest fad, lawyers still have plenty to learn about effectively using the process on behalf of our clients.

Mediation And The Principle Of Neutrality
by Senyo M. Adjabeng
A mediator in principle must be completely neutral in the mediation process. In practice however, it is widely accepted that this is an ideal situation which is not easily attained as each mediator is an individual governed by past experiences, educational background and professional ideologies resulting in potential bias during mediation. This article explores the mediation process and discusses the role and challenges of the mediator as a third party neutral.

Summarizing: An Under-Appreciated Mediator Skill
by Norman R. Page and Jackie Omana
This article asserts that summarizing in mediation is a basic, but important, skill that is too often taken for granted. After elaborating on the nature of the summary and its value to mediation, several guidelines were offered. An exercise is included to encourage participants to implement the guidelines and polish their summarizing skills.