It is no less important to have a mediator who understands the theory than it is to have a lawyer that understands the law. The following articles synthesize theory to solve practical mediation problems.
This article posits that the field of mediation can better serve the public by developing a system of public accountability that would elevate itself to a formal, professional status. What’s more, the proverbial train may have already left the station in disputes that are resolved in a public forum: court-connected and litigated cases.
SERVING THE PUBLIC: THE CASE FOR FORMALLY PROFESSIONALIZING COURT-CONNECTED AND LITIGATED-CASE MEDIATION
Civil Harassment Mediation: A Settlement-Friendly Environment
Civil harassment mediation, from an outsider's perspective, seems to be a daunting environment in which to achieve a settlement. Parties have an emotional dispute, are not likely to cooperate with each other, and mediation time is limited. Nevertheless, settlements are achieved by applying well known concepts from basic mediator training.
Courtroom “Intake” Speeches for Civil Harassment and Small Claims
Courtroom speeches encouraging mediation evolve readily from the application of well recognized principles that support the advantages of mediation. Since courtroom time is often limited, this article presents a practical approach to using those principles in developing a five minute presentation that has been utilized in civil harassment and small claims settings.
Read More: http://www.mediate.com/articles/goetzJ2.cfm
The Value-Added Attorney (How to Make the Most of the Court Required Mediation Process)
Recent studies demonstrate that when a case does not settle in mediation, many attorneys participate in costly decision-error for their clients by passing on settlement offers that are better than the litigated outcome. This article provides counsel with a 4 point checklist that helps prevent that error from occurring by fully utilizing the mediation process.