The Law & Mediation Center, PLLC.

Mediators Can Effectively Flip the Script

When parties reach what may appear to be an impasse in mediation, mediators often employ various reality testing techniques. They may ask questions such as, “What do you think will happen if…?” or “How do you think the other side will respond if…?” Another technique is for the mediator to suggest each party step into the shoes of the other side. Frequently, however, parties continue to remain cemented in their respective viewpoints. This article offers another approach a mediator may choose to use: Flip the Script.

The "SMART" of Compromise in Mediation

This article addresses the “smart” of compromise. It delves into its meaning and the extent to which compromise is relied upon in conflict resolution. It also examines some of the pros and cons regarding compromise, various approaches to reaching a compromise, and mediator approaches in facilitating potential compromise situations.

Fifty Ways to Leave Impasse

In 1975, singer/songwriter, Paul Simon, released his first No.1 hit song entitled “Fifty Ways to Leave Your Lover.” This song provided impetus to writing this article, especially because of some of the hints that were provided through Mr. Simon’s lyrics.  The hints serve as practical tips which may be used in the mediation process.

Mediating Pro Se Prisoner Civil Rights Cases: Mediator Strategy

It is often said that effective mediators can mediate cases ranging from day-care center disputes to foreign affairs conflicts. Somewhere within that continuum of cases are conflicts brought by prisoners against prisons and other related entities. Oftentimes, the prisoners are representing themselves in these cases.