Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Everand Logo

Welcome to Everand!

  • Discover millions of ebooks, audiobooks, and so much more with a free trial

    From $11.99/month after trial. Cancel anytime.

    THE MEDIATION MINUTE: Insights on Alternative Dispute Resolution
    THE MEDIATION MINUTE: Insights on Alternative Dispute Resolution
    THE MEDIATION MINUTE: Insights on Alternative Dispute Resolution
    Ebook121 pages1 hour

    THE MEDIATION MINUTE: Insights on Alternative Dispute Resolution

    By Scott I. Zucker Esq.

    ()

    Read preview

    About this ebook

    THE MEDIATION MINUTE: Insights on Alternative Dispute Resolution is
    a compilation of articles about the process, strategy and psychology of
    successful mediations. The topics are varied and hopefully some of the
    discussion points will assist both lawyer-advocates and other mediators
    to consider issues that may assist them in achieving better outcomes
    in their next mediation.
    At the end of the day, the concepts of self-determination, confidentiality
    and communication are the bedrock of any mediation or negotiation
    effort. If those tenets are followed, the opportunity to use a third party
    neutral to help disputing parties reach a resolution of their differences
    should result in a positive closure to the pending conflict.
    If you are a mediator, you are helping people (businesses are people too!)
    resolve their problems. That’s a big responsibility and must be carefully
    managed with professionalism and ethical consideration.
    LanguageEnglish
    PublisherAuthorHouse
    Release dateSep 26, 2024
    ISBN9798823033770
    THE MEDIATION MINUTE: Insights on Alternative Dispute Resolution
    Author

    Scott I. Zucker Esq.

    Certified Mediator and Arbitrator Scott Zucker specializes in business and commercial litigation with an emphasis on dispute resolution in the areas of construction, real estate, employment, landlord-tenant and franchise law. Scott represents companies in matters relating to contract claims, loss and damage claims, delay and productivity claims, premises liability actions and tenant dispossessory. For over thirty-five years, Scott Zucker has acted as outside legal counsel to a variety of privately held and publicly traded businesses involved in multiple industries. As a primary litigator, Scott understands the pros and cons of pursuing, as well as defending, claims between individuals and companies. His legal services have ranged from handling general corporate matters and providing risk management advice to companies as well as the representation of clients in the litigation or arbitration of contract disputes, insurance coverage claims, construction defects, premises liability, employment termination actions and environmental matters. Scott’s goal is to apply his experience and knowledge to help contending parties reach resolutions of their disputes as efficiently and economically as possible. Scott is a founding partner of the law firm Weissmann Zucker Euster + Katz P.C. and is actively involved in the ADR community, having served as Chairman of the Dispute Resolution Section of the Atlanta Bar Association and Chairman of the Dispute Resolution Section for the State Bar of Georgia. His mediation service, Epic Resolution Services, was founded in 2015. Scott obtained his undergraduate degree from Washington University in St. Louis, in 1984, and his law degree from George Washington University in Washington, D.C, in 1987.

    Related to THE MEDIATION MINUTE

    Related ebooks

    Meditation and Stress Management For You

    View More
    View More

    Related podcast episodes

    Related articles

    • UNLIMITED

      Resolving CONFLICTS

      Aug 15, 2018

      Resolving CONFLICTS
      3 min read

    • UNLIMITED

      A New Way To Look At Negotiation

      Oct 3, 2019

      A New Way To Look At Negotiation
      8 min read

    • UNLIMITED

      6 Ways Your Lawyer (and You) Can Screw Up Your Family Law Case

      Jul 2, 2022

      While medicine has the Hippocratic oath, there is nothing similar that applies to the legal profession, “And that’s a pity,” observes San Diego lawyer and divorce mediator Shawn Weber. “Not only divorce, but across the board, so often our profession

      2 min read

    • UNLIMITED

      Problem solved! Negotiate Like A Pro

      Nov 18, 2024

      Problem solved! Negotiate Like A Pro
      2 min read

    • UNLIMITED

      Manage Or Co-create? time To Choose

      Dec 2, 2022

      Manage Or Co-create? time To Choose
      6 min read

    • UNLIMITED

      Ease Stress Of Divorce

      Sep 29, 2021

      Ease Stress Of Divorce
      6 min read

    • UNLIMITED

      Why We Need A Resolution Revolution

      Jan 26, 2024

      Why We Need A Resolution Revolution
      6 min read

    • UNLIMITED

      Conflict In The Workplace: We Need To Talk

      Nov 25, 2021

      Thank you for sparing the time to talk to us, Mr Liddle! Could we begin with a few words on what made you pursue a career in conflict resolution? Following my first degree in Race Relations in the late 1980s and early 90s, I worked in a large UK cit

      8 min read

    • UNLIMITED

      HOW TO DO disputes

      May 7, 2020

      What happens when a professional creative relationship breaks down and leads to dispute? Whether there’s disagreement about royalties or rights control with your publisher, or issues in your relationship with your agent, or conflict over ownership wi

      3 min read

    • UNLIMITED

      The Elephant in the Room: Your Adviser Is Getting Paid

      Jun 24, 2019

      If you're like most Americans, you may not know how much you pay in investment fees. In fact, 61% of Americans reported that they don't. It's no wonder -- the financial services and advisory industry boasts a confusing array of fees. Those fees also

      5 min read

    • UNLIMITED

      The Language of Raising Capital

      Sep 27, 2019

      The Language of Raising Capital
      4 min read

    • UNLIMITED

      Changing Minds

      Oct 28, 2019

      Changing Minds
      5 min read

    • UNLIMITED

      Crack The Code

      Apr 11, 2024

      Crack The Code
      8 min read

    • UNLIMITED

      Investing As A Social Activity

      Sep 1, 2022

      Nobel Laureate Robert Schiller has referred to investing as ‘a social activity.’ Why is that, and do you agree with him? Yes, although ‘active investing’ is more prone to social influence than ‘passive investing.’ Passive investing is typified by a b

      6 min read

    • UNLIMITED

      The Power of Human-Centred Strategies

      May 1, 2020

      A FEW YEARS AGO, I was working with the talent management team at a large financial organization. The firm was struggling with retaining its top talent. Far too many of its identified high-potential employees were leaving at the VP level. We set out

      8 min read

    • UNLIMITED

      Aim For Fairness

      Nov 25, 2021

      Aim For Fairness
      9 min read

    Related categories

    Reviews for THE MEDIATION MINUTE

    0 ratings

    0 ratings0 reviews

    What did you think?

    Tap to rate

    Review must be at least 10 words

      Book preview

      THE MEDIATION MINUTE - Scott I. Zucker Esq.

      AuthorHouse™

      1663 Liberty Drive

      Bloomington, IN 47403

      www.authorhouse.com

      Phone: 833-262-8899

      © 2024 Scott I. Zucker, Esq. All rights reserved.

      No part of this book may be reproduced, stored in a retrieval system, or transmitted by any means without the written permission of the author.

      Published by AuthorHouse 09/26/2024

      ISBN: 979-8-8230-3378-7 (sc)

      ISBN: 979-8-8230-3377-0 (e)

      Library of Congress Control Number: 2024919269

      Any people depicted in stock imagery provided by Getty Images are models, and such images are being used for illustrative purposes only.

      Certain stock imagery © Getty Images.

      Because of the dynamic nature of the Internet, any web addresses or links contained in this book may have changed since publication and may no longer be valid. The views expressed in this work are solely those of the author and do not necessarily reflect the views of the publisher, and the publisher hereby disclaims any responsibility for them.

      Mediation: a means of resolving disputes outside of the judicial system by voluntary participation in negotiations structured by agreement of the parties and usually conducted under the guidance and supervision of a trained intermediary

      Merriam-Webster

      CONTENTS

      Foreword

      Mediation: It’s All in the Style

      Ethics in Mediation: Principles That Impact Both the Mediator and the Participating Parties

      Georgia Enacts the Uniform Mediation Act

      The Importance of Preparing Mediation Statements

      Providing Equal Access for Virtual Mediations and Arbitrations: Understanding the Digital Divide

      Preparing Your Clients for Mediation

      Mediation and the Process of Re-Thinking

      Addressing the Issue of Impartiality and Bias in Mediations

      Should Mediation Fall within the Standard of Care for Lawyers Representing Litigants?

      Creative Thinking in Mediations

      Confidentiality in Mediation: Creating a Safe Space

      Corporate In-House Mediation Programs

      The Advantages of a Dispute Resolution Board

      Is There a Place for Collaborative Law in the Resolution of Commercial Disputes?

      Understanding Settlement Brackets

      Mediating with Subject Matter Experts

      The Benefits of Pre-Litigation Mediation

      What is Impartiality for a Mediator?

      In Mediation, Attitude is Everything!

      Successful Mediations and the Power of Listening

      Resolving Employment Disputes In-House

      Creating Constructive Ideas to Reach a Solution

      What is the Mediation Privilege?

      The Shifting Laws Relating to Non-Disclosure and Confidentiality Provisions in Settlement Agreements

      The Mediator’s Proposal: Is It Worth It?

      Mediation as a Platform for Settlement Negotiation

      A Neutral’s Role in Finalizing a Settlement

      What is Success in a Mediation?

      Debate Over Opening Statements in Mediation

      The Importance of Communication in Mediations

      Why Do Mediations Fail?

      The Psychology of Mediations

      Why Mediations and Arbitrations Are More Important Now Than Ever Before

      Is Mediation the Same Thing as Meditation?

      The Dynamics of Power in a Mediation

      Enforcing Arbitration Provision in Contracts: What’s the Law Today?

      Vacating an Arbitration Award under the Federal Arbitration Act or the Georgia Arbitration Act.

      Negotiating Between a Rock and a Hard Place

      The Goal of Closure in Mediation

      We Were on a Break!: Strategically Calling for an Intermission During a Mediation

      Will Artificial Intelligence Technology Ever Really Replace Mediation?

      About the Author

      FOREWORD

      When I started practicing law in the late 1980’s, the term ADR (alternative dispute resolution) was still foreign to most lawyers. It was certainly not a system discussed or taught in law school and not often raised as an option in the midst of initiating a lawsuit, and certainly not while the matter was pending. Settlement negotiations were handled directly between the advocating lawyers as compared to working through third party neutrals and the thought of using a paid arbitrator rather than a judge to create binding awards was considered outlandish (and in some jurisdictions illegal).

      Over the last thirty plus years, the concept of ADR has flourished. A majority of businesses include arbitration provisions in their consumer, commercial and employment contracts and, typically, the right to enforce these provisions has prevailed in the courts. And certainly, more and more matters are resolved every day through the use of either court ordered, community based or private, voluntary mediation services. Mediation, by study and survey, has been credited with a success rate of settlement and resolution of disputes exceeding eighty percent. Mediation works, especially if it is done correctly.

      THE MEDIATION MINUTE: Insights on Alternative Dispute Resolution is a compilation of articles written over the past few years as I have learned more and more about the process, strategy and psychology of successful mediations. The topics are varied and hopefully some of the discussion points will assist both lawyer-advocates and other mediators to consider issues that may assist them in achieving better outcomes in their next mediation.

      At the end of the day, the concepts of self-determination, confidentiality and communication are the bedrock of any mediation or negotiation effort. If those tenets are followed, the opportunity to use a third party neutral to help disputing parties reach a resolution of their differences should result in a positive closure to the pending conflict.

      Always remember, whether you are an advocate or a neutral, you are helping people (businesses are people too!) resolve their problems. That’s a big responsibility and must be carefully managed with professionalism and ethical consideration. I hope these articles can be helpful and useful in reaching those goals.

      Scott Zucker

      Mediation: It’s All in the Style

      Mediation is a very effective way to resolve disputes between parties. Certainly, there are many reasons why mediations may work, even in strongly contested matters. In some instances, it is the first time that the parties have had a chance to tell someone their story. And oftentimes, just sharing a parties’ perspective about the dispute can be the first step in helping to reach its conclusion.

      The method of mediating a matter, depending on the parties involved and sometimes the type of dispute, can also impact the ability of a matter to reach a resolution. That method, or the particular style that a mediator may use to facilitate a resolution session, can be the difference between a case that gets resolved and one that falls apart.

      Here are the typical methods of mediation being used:

      1)Facilitative. This is the most common style that is used, where a mediator will facilitate the negotiation process between the parties. The facilitative mediator will first have each side tell their story and then will typically have the parties break into private sessions or caucuses to consider their respective positions. The facilitative mediator will then shuttle between the different parties with a goal of assisting each side to move in a direction to help create a solution that both sides will accept. The facilitator seeks to enhance the communication and understanding between the parties. Although the facilitative mediator may ask questions, the mediator does not offer the answers. The facilitative mediator also does not offer opinions or predictions regarding the resolution of their case but helps each side communicate to each other through the mediator concerning the facts in dispute. Facilitative mediation is process-driven, in that the facilitator manages the process, but it is up to the parties to work towards a self-created resolution.

      2)Evaluative. The evaluative mediator is one that will express their opinion concerning the advantages and disadvantages of each side’s case to help both sides understand the risks inherent in pursuing their case to closure in front of a judge, arbitrator or jury. The evaluative mediator can often help move one party that is stagnant in their position once that party hears from a neutral party the weaknesses of their case. The evaluative mediator can offer the parties an independent cost-benefit analysis to the case at hand, and can ultimately provide their opinion regarding the ultimate outcome of the case. For this reason, the evaluative mediator can often be considered heavy handed in their management of the process since one party may feel that the mediator is not truly being impartial due to their assessment of the case. To be a successful evaluative mediator, that person needs to have a level of experience and knowledge that is sufficient to

      Enjoying the preview?
      Page 1 of 1