Monthly Archives: November 2011


Mediation Prevents Budget Drains

RESEARCH: Contributions of Caucusing and Pre-Caucusing to Mediation .

More often than not, a dispute can be traced back to some relatively minor misunderstandings, miscommunications, mistaken perceptions, and frustrated expectations that have nothing to do with legal concerns. Left unresolved, these seemingly ordinary events can escalate, positions can solidify and the problem will become a legal matter.

How many mediations uncover failures in the communications involved in the situation rather than a violation of law?

More often than not, a dispute can be traced back to some relatively minor misunderstandings, miscommunications, mistaken perceptions, and frustrated expectations that have nothing to do with legal concerns. Left unresolved, these seemingly ordinary events can escalate, positions can solidify and the problem will become a legal matter.

Mediation of all types of workplace disputes can happen at any stage in the life cycle of the conflict. Intervention via informal mediation by an impartial third party works and can easily be measured as a cost effective tool.

Any a professional mediator and human resources professional, specializing in employee relations, will tell you that human interactions set the nature of the work environment. A positive work environment is critical to productivity, business reputation, customer service excellence and, indeed, the bottom-line operating costs of any organization.

Of course, researchers have reached this conclusion as well. Therefore, business owners, managers at all levels of the organization, human resources leaders and their legal counsel all have reason to want to mitigate an organization’s exposure to conflict and disputes impacting a work group’s ability to function well.

About the author: Elizabeth A. Moreno, Esq. and Mary O’Neil, MPA are are principals of Centurion Mediation, LLC. Centurion Mediation provides quality mediation for less than 0 in the Los Angeles and Orange Counties, California. Centurion Mediation specializes in Employment, Personal injury, Business Disputes, Public Entities and Real Estate.

Source: http://www.articlesbase.com/business-articles/mediation-prevents-budget-drains-502138.html



Divorce Mediation -10 Signs It May Not Work For Your Divorce

Manitoba by phone at 204-946-0400 for separation and divorce mediation ...

Sometimes a little bit of humor can help us put things in perspective and relieve a little bit of tension in a given situation. Mediation is a great tool to resolve divorce issues, but it doesn’t work in every situation, especially in a situation where the parties are set on a particular outcome.

With that in mind, I offer you a list of 10 signs why mediation may not work in your divorce. While some of these 10 signs may seem silly, they all contain a grain of truth which can make mediation a useless pursuit for the parties. They can reflect a particular state of mind that is not really conducive to negotiating and reaching a divorce settlement agreement.

I use the second-person singular pronoun, you for the purpose of clarity. But you can be your spouse, not necessarily you. These are not in any particular order, although the first one is very real.

1.        You want to “win” no matter what the cost may be. This can be a financial as well as an emotional cost.

2.         You and your spouse can’t agree on what day it is, much less sit down to talk civilly with each other.

3.         When you ask each other a question, the answer is “talk to my lawyer.”

4.         You think mediation is for pansies and weak-willed people.  Examples of famous people who easily dispel this fantasy, and who engaged in mediation or negotiation, include Madonna (in her recent divorce), and baseball player Alex Rodriguez.

5.         You think negotiating is a sign of weakness.

6.         You think there is only one solution to a problem.

7.         You think “My Way” is a lifestyle and not just one of Frank Sinatra’s signature songs.

8.         You think “The War of the Roses” is a fictional movie.  It is a fictional account until you remember a particularly horrific news item in your local newspaper.

9.         You’d much rather subsidize your lawyer’s country club fees than split any assets with your spouse.

10.       You’re stuck in the past.  Your focal point is not the present or future, with a view to finding solutions.

If none of the above are present in your divorce, or are not really pronounced, then perhaps mediation may be an available alternative to a contested divorce.

 

 


Peer Mediators Can Save Lives — Peer Mediation In Schools Is Effective

North Cobb Students and Staff Undergo Peer Mediation Training Through ...

By Steven G. Mehta

Many news stories have tragically addressed the issue of two pre-teenage boys who committed suicide because they were bullied.These stories focus on the child and the things that parents and schools did to avoid the problem.One thing that more schools need to do to avoid such problems of bullying, conflict resolution, and dispute management is the concept of peer mediation.

Peer mediation is a strategy that teaches student mediators strategies to help resolve conflict among their peers. Peer mediation can be instituted at any age in school from early elementary to high school.In peer mediation, students are trained as conflict managers.They learn ways to solve problems and to assist their peers in settling disputes in a way that everyone can live with.Peer mediation helps to keep manyminor incidents from escalating over time into more serious incidents.

One of the advantages of peer mediation, is the fact that in the case of a dispute, the disputing parties’ peers are helping to resolve the dispute instead of a parent or teacher.The students, with the assistance of the peer mediator, learn how they can resolve the dispute themselves in a peaceful fashion.In addition, several social studies have found that children are often influenced by their peers more than their parents.According to Nancy Kaplan, in an article originally published by School Safety, Winter 1996, entitled aStudent mediation: opportunity and challengea teaching students to employ conflict resolution skills produces significant results in decreasing school confrontations and violence.

About the author: Steven G. Mehta is one of California’s premier award-winning attorney mediators thanks to his work in helping resolve disputes in a variety of types of civil litigation. Steve has been successfully mediating complex cases since 1999. He has been repeatedly selected by his peers as a SuperLawyer in the field of mediation and has been selected as one of the aBest Lawyers in Americaa in the field of mediation. His unique ability to understand the human process and the complex emotional issues involved in negotiations enables him to effectively assist the parties in obtaining the best possible results during mediation. Steve is well known and respected as being a fair and neutral mediator who works hard at trying to obtain a favorable resolution for both sides. Lawyers who have worked with Steve have described him as aknowledgeable, patient, and creative,a aoutstanding,a a avery capable mediator,a a amiracle worker,a and as having a afriendly and professional demeanor.a Steve has taught thousands of lawyers and businesspeople to negotiate better. His courses are highly sought after and often sold out. He is the coauthor of the California State Bar’s book Opening a Law Office. Steve specializes in resolving very difficult and emotionally complex or charged cases. He can be reached through his website at www.stevemehta.com.

Source: http://www.articlesbase.com/education-articles/peer-mediators-can-save-lives-peer-mediation-in-schools-is-effective-895209.html