Conflict Resolution

Advanced Problem-Solving Strategies

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The problem with payment plans is that they are a nuisance to enforce. It seems that more often than not, the party that is supposed to make the payments at some point stops keeping up with its obligations, and the party to whom the payments are due has to take some action to get the payment plan back on track. Naturally, people at the time of entering into such arrangements usually want to avoid these problems. The debtor wants an agreement that they can perform, and the creditor wants the best enforcement tools available to make sure the payments are made. One common technique is to provide that in the event of default, judgment can be entered for an amount […]

Online dispute resolution was developed to create a more efficient system than the courts are capable of providing, especially for relatively small cross-border and internet transactions. Courts are simply too expensive and too cumbersome to resolve these kinds of conflicts. The nature of online communications allows for a more flexible conflict resolution process, one that is not tied to any one jurisdiction’s legal rules and procedures. The vast majority of these online disputes are resolved by informal means, facilitated by the speedy communications allowed by the internet. Is ODR therefore a form of ADR? Not necessarily. Remember that even the traditional, physical courthouse steers most cases toward informal resolution, whether by direct negotiation between the parties, settlement conferences with a […]

I’ve heard a number of evangelists of the mediation world, most recently Lee Jay Berman in a talk SCMA sponsored this week in San Diego, talk about the seemingly limitless future of the mediation process. That future seems to depend on the public finally becoming more aware of the possibilities of mediation to resolve not only conflicts that have already worked their way through the court system, but also conflicts that have never even made it to court, or that might be unsuitable for court. But right now the public still seems only vaguely aware of mediation’s possibilities. People might have heard of resolving a divorce or other civil dispute out of court, but might still think that mediation is […]

At a program I participated in this week (my part is summarized in the two posts below on choosing a mediator), co-sponsored by the Santa Monica Bar Association, one of the panelists, mediator Mark Fingerman, gave an informative presentation on mediation ethics. The problem of assuring that mediations are conducted in a fair and ethical manner is complicated by strict protections for mediation confidentiality that exist in California. While confidentiality is generally agreed to be necessary to the process, prohibitions against introducing evidence of misconduct alleged to have occurred during mediations can potentially give free rein to attorneys–and mediators–to pressure or deceive parties into agreeing to settlements to which they might not have agreed otherwise. In fact, mediation seems in […]

Assuming you have an idea of the qualities you are looking for in a mediator, how do you go about locating a mediator who fits the bill?  Your telephone and computer can lead you to much more comprehensive sources than will be found on the list that your colleague down the hall keeps in his top drawer. You can always call one of the commercial provider organizations, and they will be happy to send you a slate of resumes of the members of the panel. You can Google various search terms that could direct you to the type of mediator you are looking for. If you want something more organized, there are a number of online directories available. Those who […]