By: Jeff Jury, IAM Distinguished Fellow
“Thank God for Dr. Carley’s Integrated Science class at Rockford College,” I thought as I discovered some very old notes during year-end cleaning. They could have named the class (Very) Basic Real Science, So Political Science Majors Can Earn Their Science Credits.
More than ten years have passed since Randall Kiser and his colleagues documented how often and at what cost attorneys obtain a result worse than what could have been achieved by accepting their opponents’ pre-trial settlement proposal.
You might think lawyers are trying to achieve bad outcomes in mediation, based on approaches like:
1. Insisting on keeping everything confidential from the other side, including not sharing the mediation statement with them.
Times are changing and both employees and employers are taking note: In 2018, sexual harassment is not tolerated. Between the #MeToo movement and the #TimesUp phenomenon, cases involving sexual harassment are being settled in record numbers.
Mediation followed (if needed) by arbitration – so-called Med-Arb – sounds at first like a good idea: parties know that when they start the process they will end up with a solution, either: (i) the one they work out in the scope of the mediation phase, or failing that (ii) the one that will be imposed upon them in the second phase...
Words are the smallest elements that generate significant meaning. But to what extent do the words we use as mediators matter? At the recent International Academy of Mediators’ conference in Edinburgh, Scotland, we facilitated a session with an experienced group of mediators and tackled that very question.
I conduct mediations in the Province of Ontario, Canada, including employment law, commercial matters, personal injury and real estate. The majority of my mediations take place after the commencement of legal proceedings, and involve parties represented by lawyers.
Mediation trainings and conferences present opportunities for practitioners and program managers to be exposed to new ideas and learn new techniques – at least in theory. At a recent conference, after a presentation about caucusing led by an attorney-mediator, a question was asked. Instead of responding to the merits of the question, the presenter asked, “Are you an attorney?”
Civility is more critical to the mediation process than to any other form of dispute resolution. The reasons are several: First, unlike trial and arbitration, success in mediation depends entirely upon adversaries agreeing. No agreement; no deal
The word “ombudsman” comes from a Swedish term that dates back to 1809, when the Swedish parliament decided to protect citizens’ rights by establishing a supervisory agency independent of the government.