Mchallamlaw's Blog (13)

Mediation = Control

Mediation = Control Originally Posted on MediationWorks.

Often, especially in legal matters, parties in conflict see taking their case to mediation as signifying weakness or fear.  Since lawsuits are adversarial, this perception is understandable.  In contentious cases, with difficult adversaries, showing weakness can be problematic and disadvantageous.  There are other factors to consider when deciding to take a case to a…

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Added by mchallamlaw on February 5, 2014 at 10:30am — No Comments

Recognizing Pragmatic Interests

Recognizing Pragmatic Interests Originally posted on Medation Works http://goo.gl/gAfY5f

Mediators help parties to settle disputes by facilitating discussion and encouraging the parties to explore, acknowledge, and understand the other’s motivations and interests.  Lawyers, judges, and mediators should all remind parties in a conflict that the pragmatic reasons to settle a case or dispute are…

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Added by mchallamlaw on January 20, 2014 at 4:34pm — No Comments

When It is Time for Mediation?

Originally Posted on Mediation Works http://goo.gl/sokylX

When Is it Time for Mediation?

Is there a right time to enlist help of a mediator?  Is there are wrong time?  

Like any complicated matter, a conflict is unique in terms of its particular subject, the parties’ motivations, and the overall context.  So, decisions regarding how and when to attempt to resolve any…

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Added by mchallamlaw on January 16, 2014 at 9:02am — No Comments

New Post on my blog urging a "resolution" to make 2014 a year to deal with conflict. 

New Post on my blog urging a "resolution" to make 2014 a year to deal with conflict. 

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Added by mchallamlaw on January 2, 2014 at 9:45am — No Comments

Think Discussion, Not Settlement

(Originally posted at Mediation Works)

Mediation, especially in the context of litigation, is primarily viewed as a vehicle to settlement of cases before trial.  This notion, although true in practice, limits the participants from realizing the full benefit of mediation.  Mediators should avoid the impulse to direct the parties to settlement until they are ready…

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Added by mchallamlaw on January 2, 2014 at 9:30am — No Comments

Understanding Interests Leads to Agreements, Even Against Opposition

Looking at 1960 nomination of LBJ as Vice President and lessons it can teach mediators. 

Understanding Interests Leads To Agreements, Even Against Significant Opposition

Summer, 1960.  John Kennedy has just won the Democratic presidential nomination.  It…

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Added by mchallamlaw on December 13, 2013 at 8:30am — No Comments

Check out my blog post on bringing mediator's tool to Thanksgiving Dinner in hopes of avoiding too many Turkey Day blow outs....   Happy Thanksgiving to the ADR Hub community.......

Check out my blog post on bringing mediator's tool to Thanksgiving Dinner in hopes of avoiding too many Turkey Day blow outs....

 

Happy Thanksgiving to the ADR Hub community.......

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Added by mchallamlaw on November 26, 2013 at 8:19am — 1 Comment

New Presentation

Mediation of Conflict Between Artists/Cultural Orgs.

A presentation done for the A&BC/Volunteer Lawyers for the Arts has been posted at their legal resource website.  Check it out and let me know your thoughts.

Added by mchallamlaw on November 19, 2013 at 8:25am — No Comments

Burnt By Conflict: The Cost Of Tunnel Vision

Exploration of the strategic lessons for the Paula Deen debacle.

 

http://goo.gl/JoxljI

Added by mchallamlaw on October 25, 2013 at 11:03am — No Comments

Isn't Mediation Just For Lawyers?

http://goo.gl/bjOsQL

Added by mchallamlaw on October 17, 2013 at 10:06am — No Comments

Would appreciate feedback/comments on my latest blog post. Thanks.

Would appreciate feedback/comments on my latest blog post.

Thanks.

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Added by mchallamlaw on October 16, 2013 at 7:39am — No Comments

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