Mediation Careers

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Mediation Process for Resolving Conflict at Work

If you’re a manager dealing with a conflict in the workplace (and what workplace doesn't have some conflict?), you need a strategy to approach and defuse the disagreement. You can effectively mediate the [more…]

How to Mediate Your Own Conflict at Work

When you're in a conflict-resolution meeting being held between an employee and yourself, you’ll wear two hats, that of mediator and that of contributor. Granted, you’re not acting as an objective third [more…]

Grasping the Mediation Process

Having a structure in place helps ensure that parties stay on track and progress toward a resolution for their dispute. The process isn’t always linear, but it does have several stages that go something [more…]

Exploring Mediation Fundamentals

To be a master mediator, you need to master certain fundamental skills, strategies, and techniques. The following are all traits of a well-trained mediator: [more…]

Checking Out Different Mediation Styles

Mediation isn’t a one-size-fits-all approach to dispute resolution. You should choose the mediation technique that you’re most comfortable with and that serves the parties’ interests better than other [more…]

Brushing Up on Mediator Lingo

You can often help parties resolve their dispute by shifting their attention from their legal rights and remedies to the interests that each party is attempting to serve in pursuing legal claims. To do [more…]

Ten Practices of the Super Mediator

You’re not content with just being a mediator. You’re determined to excel in the field and become a super mediator. Here are ten tips that’ll take you from average to excellent. [more…]

How to Bracket the Way to Compromise

Bracketing is a technique for establishing a zone of potential agreement in mediation — an upper and lower limit between which the parties are willing to negotiate. Bracketing moves the parties closer [more…]

Ten Tips for Busting Impasse in Mediation

Ultimately, mediation is an exercise in breaking through impasse — a period during which the parties have lost hope that they can resolve the matter on that day and in that place. Impasse isn’t the end [more…]

Ten Major Mediating Mistakes and How to Avoid Them

In the heat of battle, keeping your cool and doing everything right is often very challenging. You’re going to make mistakes — everyone does. Hopefully, however, you can learn from other people’s mistakes [more…]

Successful Mediation Without Splitting the Baby

Splitting the baby is a common but usually ineffective strategy for mediating a dispute. As a successful mediator, don’t let the parties simply decide to split the difference. Instead, come up with a creative [more…]

Don’t Nibble at the Mediated Deal

Nibbling is a negotiation tactic that many mediation “experts” recommend as a means to get a bigger slice of the pie just as the deal is closing. Although nibbling can be an effective technique for one [more…]

Get the Mediated Agreement in Writing

Be sure to wrap up a mediation session that seems to be over so that the parties walk away with a durable, enforceable agreement . . . in writing.

In mediation, the parties often reach agreement very late [more…]

Make Sure the Mediated Deal is Durable

A mediation agreement is durable and enforceable when the parties are satisfied with the outcome. To ensure that the deal the parties reach is truly satisfactory to them: [more…]

How to Produce Mediation Paperwork

Although oral mediation agreements are enforceable, oral agreements in mediation can’t be enforced in a court of law against the will of one of the parties, because the rules governing confidentiality [more…]

How to Break Through Impasse in Mediation

Impasse occurs in mediation when neither party is willing to compromise any further on an issue. When parties reach impasse, they’re likely to regard it as the end of negotiations. They may tell themselves [more…]

Good Mediators Ask Why?

Why? is the first and perhaps most important question good mediators ask. It’s a question you can never ask too often, but it’s asked far too seldom.

A key rule for trial lawyers is to never ask [more…]

Problem Solving Questions in Mediation

As a mediator, you can never engage parties in the problem-solving process too early, but perhaps the best time is when the parties have effectively rejected every solution that’s been proposed. Ask this [more…]

How to Encourage Progress in Mediation

In mediation disputes where feelings of animosity and distrust run particularly high, the mediator should consider asking this question: What could [the other party] do that would be a sign of progress [more…]

How to Mediate with Large Corporations

When you’re dealing with bureaucrats in mediation — the people who keep a corporate or public entity humming along on all cylinders — the parties are likely to reach impasse merely because the corporation’s [more…]

How to Use a Decision Tree in Mediation

A decision tree is a quick and graphic way to help clients in mediation analyze the potential costs and benefits of their choices when they’re focused only on the best possible outcome. Parties in the [more…]

How to Examine Potential Costs and Benefits in Mediation

Your job as a mediator is to help the parties involved consider all the upsides and downsides of going to trial and to make the most well-informed decision possible. Your job isn’t to convince them to [more…]

How to Calculate Expected Monetary Value (EMV)

Expected monetary value (EMV) is a ballpark figure that shows how much money a plaintiff can reasonably expect in mediation. Think of it as an average of the best- and worst-case scenarios. It accounts [more…]

Reframe Deals to Readjust the Parties’ Perspectives

Framing and reframing are ways to put something into perspective for the one or both parties in a way that’s likely to help them find new and more productive ways to view both the problem and the potential [more…]

How to Keep Parties in Negotiation

One of the mediator’s primary jobs is to keep the parties negotiating. The more time they spend negotiating, the stronger their buy in to close the deal. Just think back to the last time you purchased [more…]


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