We generally think of mediation as a dispute-resolution device. Federal mediators intervene when collective bargaining breaks down. Diplomats are sometimes called in to mediate conflicts between nations. So-called multi-door courthouses encourage litigants to mediate before incurring the costs – and risks – of going to trial.
How does mediation work in a lawsuit? What benefits can mediation offer businesses that deal with multiple contractual agreements, some of which may end in disputes? These questions were answered by Harvard Law School Associate Professor and negotiation expert Dan Greiner in an “Ask the Negotiation Coach” segment from our Negotiation Briefings newsletter.
No one likes to go to court. Not only is it expensive and time-consuming, but it often leads to frustrating results and damaged relationships. So, how does mediation work in a lawsuit and is legal mediation a better route?
No one wants to engage in crisis negotiations. When parties need to hurriedly work out a solution to a shared problem, time is short, tempers are frayed, and the disaster is looming. Feeling they’ve exhausted good-faith bargaining, parties in crisis negotiations may believe they face an impossible choice between caving in to the other side’s … Read
How does mediation work in a lawsuit? For those new to mediation, we advise you being by getting a list of mediators from a reputable provider agency. You can find these agencies by searching under dispute resolution or by inquiring with your organization’s legal department.
Francesca Gino, Program on Negotiation faculty member and author of the bestselling book, Sidetracked: Why Our Decisions Get Derailed and How We Can Stick to the Plan, tackles this question from a Negotiation Briefings reader concerning how to deal with a mediator that is abrasive, dismissive, or even rude.
How does mediation work in practice? As compared with other forms of dispute resolution, mediation can have an informal, improvisational feel. Mediation can include some or all of the following six steps, writes Kimberlee K. Kovach in The Handbook of Dispute Resolution (Jossey-Bass, 2005):
1. Planning. Before mediation begins, the mediator helps the parties decide where … Read
How does the presence of lawyers affect the process of mediation? You might guess that when one or both sides bring an attorney to a mediation, the process would become more contentious and adversarial, with impasse more likely, than if the parties worked solely with a mediator. That conventional wisdom is contradicted by new research … Read