California’s shifting arbitration laws highlight the challenges of resolving disputes fairly. Litigation is costly and often unsatisfying, while arbitration remains uncertain. Mediation offers a balanced alternative, allowing parties to address conflicts early and avoid unnecessary legal battles.
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When choosing a mediator, it's important to consider not only their professional qualifications but also their personality,problem-solving skills, sense of humor, emotional intelligence, and cultural competence. These qualities can significantly impact the success of the mediation process.
Read MoreMediation is helpful whenever opposing parties are interested in gaining a deeper understanding of their conflict, one another’s desires and perspectives around the issues, and possible mutually beneficial resolutions to the dispute. In part one, Diana explains how mediation helped her name her son and potentially save her marriage.
Read MoreMediation is particularly impactful as a proactive tool for estate planning attorneys—to keep the peace among family members and more quickly and effectively reach resolution on issues that would otherwise end up in litigation.
Read MoreProfessional coaching skills can be used in the mediation context as a disruptive process to effectuate conflict resolution. Coaching skills clarify different perspectives, promote active listening, and allow for creative and satisfying solutions in mediations.
Read MoreUnlike the trial system, which focuses most often on deciding fault and assigning consequences, mediations focus on the divergence and convergence of personal interests, and the types of solutions that both sides can live with.
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