What is Arb-Med-Arb and does it work?

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We think you may find this article on a hybrid ADR mechanism called Arbitration-Mediation-Arbitration interesting… “What is the most efficient alternative, i.e. out of court, way to settle disputes? Arbitral institutions provide many options to the parties: “normal” arbitration, expedited arbitration, mediation, multi-tier dispute resolution providing for both mediation and arbitration … A relatively recent option was presented by the …

Elder Mediation May Help When Family Members are Battling Over Aging Parents’ Care

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We found this interesting article on the growing use and effectiveness of elder mediation to help family members resolve conflicts related to the care of their aging parents… “After their mother was diagnosed with vascular dementia, Marnie Flowers and her three siblings began having difficulty agreeing on the best way to move forward to help her. Each had different reasons …

In Praise of “Good” Disagreements…

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We found this interesting article advocating for more productive and constructive disagreements… “As they say, if two people always agree, one of them is unnecessary. It may seem odd that I advocate for more disagreements in a blog named Indisputably.  But that’s exactly what I’m doing.  Actually, just more good disagreements. Dying Art of Disagreement This post riffs on a …

A Step by Step Guide to Difficult Conversations

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We found this interesting article on strategies for approaching important or challenging conversations… “Think of a conversation you’ve been putting off. Got it? Great. Then let’s go. There are dozens of books on the topic of difficult, crucial, challenging, important (you get the idea) kinds of conversations. Those times when you know you should talk to someone, but you don’t. …

Good Communication Starts with Listening…

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We found this interesting article on how listening is the foundation of effective communication… “In my first article, I discussed some barriers to communication and how good communication promotes better understanding of people, reduces conflict, and enhances relationships. In this article, I talk about the importance of “listening” as the foundation to good communication. Many of us think that communication is …

Dealing with Defensiveness in High Conflict People

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We found this interesting article on strategies for dealing with high conflict people… “When most people think of high conflict people (HCPs), they think of bad behavior. HCPs can be difficult people with whom to work, live and resolve conflicts. They can be rigid, angry, attacking, criticizing, lying, spreading rumors, manipulative, self-absorbed, attention-getting, self-sabotaging, and sometimes violent. Most people respond …

Why Civility Matters in Mediation

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We found this interesting article on the importance of civility in resolving conflicts through mediation… “We are living in interesting times here in America. It is the first time in my lifetime that I can recall a conscious effort to keep my politics and views on issues of ethics and morality to myself–rather than risk making enemies of those whom …

The importance of being open-minded about ADR resolution options

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We found this interesting article on the importance of being flexible, creative, and open-minded about the ADR process and its ability to create options for conflict resolution… “I went for pizza with some friends and we had a conversation about how much pizza I can eat and I was joking and said it depends on how hungry I was.  I …

What is Early Neutral Evaluation?

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Early Neutral Evaluation (ENE) is a form of alternative dispute resolution that is similar to, but less formal than, arbitration where one or both sides in a dispute seek the opinion of neutral third party to evaluate their case.   ENE is typically an informal conference held early in the case where the parties present written and oral summaries of …

Make Your Mediator Work Harder For You

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By Lee Jay Berman The biggest mistake most attorneys make is not getting all of the value that the mediator has to offer, and for which their client is paying. Many attorneys won’t let the mediator get a word in edgewise, tie their hands with respect to what they can reveal and discuss in the other room, and only want …