Learning to use the mediation process - a guide for lawyers
Article Abstract:
Lawyers should begin using mediation in their practices instead of waiting until laws are passed mandating its use. Mediation requires lawyering skills already obtained in law school and practice. Two types of mediation include information centered mediation (ICM) and process centered mediation (PCM). In ICM, the mediator has superior information on the issue of the dispute. In PCM, the mediator has expertise in resolving disputes. Both types require that the client participate and be central to the mediation, not the lawyer.
Publication Name: Arbitration Journal
Subject: Law
ISSN: 0003-7893
Year: 1992
User Contributions:
Comment about this article or add new information about this topic:
Making commercial arbitration faster and more efficient
Article Abstract:
Commercial arbitration can be sped up if proper use is made of the American Arbitration Association (AAA) and its rules. Disputants and their representatives should make a commitment to fast resolution. Both parties should understand the rules of arbitrator selection and be realistic about the number of hearings required. Scheduling should be used to minimize overnight stays. Counsel should remember that arbitration is less formal than court, and use of discovery, while now permitted, should be restricted.
Publication Name: Arbitration Journal
Subject: Law
ISSN: 0003-7893
Year: 1991
User Contributions:
Comment about this article or add new information about this topic:
Arbitrators' views on handling construction cases
Article Abstract:
The American Arbitration Association (AAA) Atlanta office surveyed 40 arbitrators on their experiences in construction cases. The arbitrators generally respect each other and the process, although they feel the timeliness of it can be subverted by counsel. They most admire lawyers who made use of the differences between litigation and arbitration for the benefit of their clients. Common causes of conflict in cases include ineffective communication and differing interpretations of contracts.
Publication Name: Arbitration Journal
Subject: Law
ISSN: 0003-7893
Year: 1991
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Reconciling diverse authorities on sales of remainder interests. The Uniform Disclaimer of Property Interests Act: opportunities and pitfalls
- Abstracts: Legislative Process Restored. Washington Items
- Abstracts: What Are the Alternatives? The Second Time Around It's a Labor of Love
- Abstracts: Definition of a Resident Alien - Proposed Legislative Changes. Trends: Switzerland
- Abstracts: The Making of Stockholder Wealth. Getting the Board Behind the Value Building Effort. The Director as a Cultivator of Management