Category Archives: Mediation

Which Came First, The Chicken or the Egg?

By Steven G. Mehta It has been several months since I have last written, and I thought I would get back into writing.  Some of the reasons that haven’t written were vacation, burnout, family crises, busy life and practice, and other issues.   I also found that writing was important to me for my own [...] Continue reading

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How we view information exchange is at the core of efficient dispute resolution

Are the parties willing to focus on resolution by intention and design and not go to court?
What is the most efficient process (the best fit) for your particular dispute situation? Continue reading

Posted in Case Evaluation, Collaborative Law, Collaborative Processes, Dispute Resolution Resources, Mediation, Sustainability | Comments Off

Why don’t more people use Collaborative Law?

Collaborative Law (“CL”) in civil disputes other than divorce cases have been brainstorming about the expanded use of CL in employment, business, probate, construction and other areas of law. In the spirit of transparency that is an important elem… Continue reading

Posted in Case Evaluation, Collaborative Law, Collaborative Mediation, Collaborative Processes, Dispute Resolution Resources, Efficient dispute resolution, Mediation, Preserving Relationships, Sovereignty of the Client | Comments Off

Face to Face and Social Media

By Steven G. Mehta I was at a convention recently presenting on how to interact with difficult people.  At that seminar I met a friend of mine from Facebook, Kia Feyzjou.  It reminded me of a thought I saw in a post. Face-to-face interactions help you push your thinking. I’m at Meetup because I get more [...] Continue reading

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Writing as a Tool To Heal and Gain Control In Mediation

By Steven G. Mehta In many mediations, I am ofton confronted with the question of client control.  Does the other lawyer have “client control,” I am often asked.  Many times, the lawyer tells me that he or she has no client control.  Indeed, in a mediation last week, I experienced a case where the lawyer [...] Continue reading

Posted in client, control, distress, emotional, heal, Mediation, power, Pyschological Research and negotiations, wounds, writing | Comments Off

What Do the End of the Worlders, Austin Powers and Mediation Have to Do With Each Other?

Recently, I was at a soccer tournament recently and a goal keeper saved a goal. At the same time, one of the parents jokingly stated that the Goalkeeper had saved the world. How, I asked. The parent then reminded me that a religious organization had recently professed that the world was going to end on that exact date and time. At that same time, the Goal keeper had saved the goal, and as a result saved the soccer team from total destruction. The next day, the religious organization claimed that they had miscalculated and that the new date was really the end of the world. That world saving goal keeper got me thinking about why people are convinced about their positions and why they don’t change their mind even in the face of overwhelming evidence. That process brought me to the the concept of the Backfire Effect. Continue reading

Posted in austin, backfire, belief, Brendan, conviction, convinced, David McRaney, effect, influence, jason, Mediation, Nyhan, persuade, persuasion, powers, Pyschological Research and negotiations, Reifler, research, study | Comments Off

Ask your lawyer about PRD, coming from down-under

In our last blog, we began the discussion of what ADR is and why people are steadily asking their lawyers to use processes like mediation and collaborative law. We talked about arbitration becoming more and more like litigation. Continue reading

Posted in Collaborative Law, Collaborative Mediation, Collaborative Processes, Dispute Resolution Resources, Mediation, Primary Dispute Resolution (PDR), Sustainability | Comments Off

Ask your lawyer for “PDR” and help make the “Alternative” the “Primary”

We use different approaches like mediation, collaborative law, conciliation, case evaluation and our own Integrated Dispute Resolution (“IDR”) to help people solve their problem and we tailor that approach to the specific situation and circumstance… Continue reading

Posted in Case Evaluation, Collaborative Law, Collaborative Processes, Mediation, Primary Dispute Resolution (PDR), Seven compelling reasons for ADR | Comments Off

Don’t Judge a Mediation By its Cover

By Steven G. Mehta Recently I was reminded of the the old adage, “never judge a book by its cover.”  Prior to mediation, one of the parties to the mediation wrote that the case will never settle.  At that point the attorney for the party proceeded to write a compendium about why the case will [...] Continue reading

Posted in book, case, communication, cover, judge, Mediation, mediator, negotiation, negotiator, perception, prejudge | Comments Off

Edison: Opportunity is Disguised as Work

By Steven G. Mehta Opportunity is missed by most people because it is dressed in overalls and looks like work. Thomas A. Edison This quote addresses some of the issues of starting a mediation practice.  Many people want to be mediators; they just don’t want to do the work to become a mediator.  It is [...] Continue reading

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