Mchallamlaw's Blog – January 2014 Archive (4)

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

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