Many commercial mediators see settling cases as their primary role. One result of the focus on settling cases is that they lose sight of the many other services they provide while mediating a case. These services receive little or no attention in mediator training programs because of the emphasis on "closing the deal." Yet these services establish the groundwork for the possibility of settlement. This article discusses these services so mediators can appreciate that they are more than just settlement brokers and avoid the temptation to use questionable techniques to promote settlements. How well these services are provided determines the quality of the mediation from the parties' perspective. When mediators provide top-notch services, they do not have to worry about outcomes because the...
Alternative dispute resolution - which includes mediation, arbitration and other procedures designed to settle disputes without a trial - has grown steadily over the past two decades, and is booming in an era of cost cutting. "The court system has put a greater emphasis on ADR over the past 10 to 15 years, and it has become more widely available," said Daniel Weitz, ADR coordinator for the New York State Unified Court System. Courts in Long Island now have ADR programs available for various areas of the law, including family, civil and commercial. The courts feature rosters of approved mediators and arbitrators, while private firms comprised of mediators and arbitrators - some of whom are former judges - have sprouted to provide another option.
Sometimes a person significantly affected by an agreement reached in mediation is not present at the mediation. What are the concerns? What are the ramifications? What are the remedies? In many non-domestic civil and commercial mediations, it is prudent for the mediators to raise the issue with the parties of the involvement in the mediation process of a person other than the parties, such person who is directly affected by any term of agreement or decisions reached in mediation. It is a matter to be carefully considered.
SANAA, Yemen - Yemen's embattled president agreed Saturday to a proposal by Gulf Arab mediators to step down within 30 days and hand power to his deputy in exchange for immunity from prosecution. A coalition of seven opposition parties said they also accepted the deal but with reservations. Even if the differences are overcome, those parties do not speak for all of the hundreds of thousands of protesters seeking President Ali Abdullah Saleh's ouster, and signs were already emerging that a deal on those terms would not end confrontations in the streets.
.... Footnotes . 1 The Mediators Institute of Ireland. www.themii.ie . 2 Hears comm...
This article discusses the International Mediation Institute's (IMI) endeavor to certify international mediators, obtain feedback from parties, and develop standards of ethics and a disciplinary process. IMI's effort has a strong chance of succeeding because it involves a coalition of respected international ADR institutions and major users of mediation services worldwide that have joined together to produce standards for mediators. International success could influence domestic mediators to decide to become certified by IMI. IMI does not intend to provide any mediation services and it will not compete with or replace any mediation provider, trainer, or certifier of mediator competence. Its goal is to raise the standards of mediator practice and enable users of mediation to determine wi...
...Under this scheme, commercial mediators can become IMI Certified when they satis...
Negotiations between unionized grocery workers and Colorado's three major supermarket chains were on hold Wednesday while federal mediators sought more information on health care costs. Mediators had asked the United Food and Commercial Workers union Local 7 and Albertsons, King Soopers and Safeway to exchange health care costs information during a "cooling-off" period last week after both sides agreed to extend their current labor agreement to Oct. 16 from Sept. 11.
There are many roads to achieving a goal, and many paths along those roads. At the American Arbitration Association, they have always taken a principled approach to the goals they set and the methods they use to achieve them, seeking to establish and maintain strict standards of ethics and conduct in everything they do. They were instrumental in establishing the AAA/ABA Code of Ethics for Arbitrators in Commercial Disputes and the AAA/ABA/ACS Model Standards of Conduct for Mediators. Both have become important sources of critical guidance for neutrals, organizations, and courts.
... at Boston University and a successful commercial mediator, noted in a class lecture that there is "...
... will put forward a list of potential mediators for consideration by both parties. Alternatively b...If a commercial focus is required, then the client is the most app...
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