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Alternative Dispute Resolution

A Brief Overview of Collaborative Law

Brad Reid | Posted 06.27.2016 | Business
Brad Reid

Collaborate law is a variation of non-adversarial alternative dispute resolution. Specific collaborative law techniques have been discussed for about ...

How to Prepare for Mediation

Elizabeth Esrey | Posted 05.16.2016 | Divorce
Elizabeth Esrey

I enjoy the people I work with immensely. They may not realize it but I often learn more from them then I suspect they learn from me. Each mediation...

Future Lawyers Should Be Screened and Trained for Empathy

Mark Baer | Posted 08.26.2016 | Divorce
Read More: Empathy, Teaching Empathy, Doctors, Doctors and Patients, Medical School, Medical Students, Medical Schools, Medical Study, Medical-Studies, Physicians, Emotional Intelligence, Emotional Intelligence Relationships, Feelings, Trust, Medical Care, Medical System, Medical Systems, Stress, Less Stress More Living, Stress Management, Stress Relief, Stress Reduction, De-Stress, Work Stress, Cynicism, Burnout, Work Burnout, Physician Burnout, Doctor Burnout, Job Burnout, Career Burnout, Doctors Burnout, Workplace Burnout, Education, Education Reform, Law, Lawyers, Lawyer, Law School, Law Schools, Law Students, Law Student, Attorneys, Attorney, Law Firms, Law Firm, Legal System, Sociopath, Sociopaths, Legal Profession, Ethics, Ethical, Unethical, Unethical Behavior, Illegal, Suicide, Suicide Prevention, Suicides, Substance Abuse, Alcohol Abuse, Mediation, Mediator, Divorce Mediation, Family Law Mediation, Custody Mediation, Marital Mediation, Divorce Mediator, Family Law Mediator, Mediators, Habits, Changing Habits, Behavior, Behavior Change, Conflict Resolution, Conflict Resolution Training, Conflict Management, Dispute Resolution, Alternative Dispute Resolution, Emotional, Legal Disputes, Legal Dispute, Litigation, Divorce Litigation, Family Law Litigation, Litigated Divorce, Negotiation, Deescalation, Self Awareness, Self-Awareness, Reaction, Self-Management, Self Management, Faulty Assumptions, Assumptions, Unconscious Assumptions, Making Assumptions, Negative Assumptions, Perspective, Shift Perspective, Perspectives, Shifting Perspective, New Perspectives, Interpersonal Relationships, Interpersonal Skills, Interpersonal Communication, Interpersonal Relationship, Relationships, Relationship, Association of Family and Conciliation Courts, Association-of-Family-and-Conciliation-Courts, Divorce News
Mark Baer

Law schools must begin recognizing the damage that is being caused to interpersonal relationships and our overall society, due to the low EQ levels of those involved in the field of law and make a concerted effort to address this extremely serious problem.

How Family Law Attorneys Tend to Think, Final Part

Mark Baer | Posted 06.24.2016 | Divorce
Mark Baer

Since this is the final article in this series, I am finally going to share the answer I gave the attorney colleague of mine who asked me the following question: "Any thoughts on how to make money as a family lawyer when you're not prepared to screw the other side?"

How Family Law Attorneys Tend to Think, Part IV

Mark Baer | Posted 05.16.2016 | Divorce
Mark Baer

On July 10, 2011, Joan T. Daniels, Esq. posted the following comment on the listserv for the members of the Family Law Section of the Los Angeles Coun...

A Case for Mediation

Mallory Stevens | Posted 05.13.2016 | Business
Mallory Stevens

Everyone wants to feel heard, and, particularly in conflict -- when emotions are often inflamed -- it's easy for understanding to be compromised and agreement to seem impossible. Mediation, a form of alternative dispute resolution, can remedy that.

How Family Law Attorneys Tend to Think, Part III

Mark Baer | Posted 05.10.2016 | Divorce
Mark Baer

Part II of this series ended with the following question from an attorney colleague on the listserv for the Family Law Section of the Los Angeles Coun...

How Family Law Attorneys Tend to Think, Part II

Mark Baer | Posted 05.02.2016 | Divorce
Mark Baer

Except for the years I was in Juvenile Dependency court, where mediation was available for each case set for trial (but not presently, because that court system does not now have the funds to do so), I can count on the fingers of one hand the times when opposing counsel suggested mediation.

Is the King Solomon Story Really About Mediating or Judging?

Mark Baer | Posted 06.27.2015 | Divorce
Mark Baer

It's amazing how many ways Biblical text can be interpreted and the fact that the same people are willing to interpret the exact same text differently for their own selfish and self-serving purposes, as the need arises.

How To Select The Best Mediator Is a Must Read for Everyone

Mark Baer | Posted 01.18.2015 | Divorce
Mark Baer

I cannot thank Mr. Peters enough for putting so much effort into writing such an outstanding book and highly recommend that every professional involved in dispute and/or conflict resolution and everyone involved in a dispute and/or conflict take the time to read this book.

Fast-Growing Startup Challenges the Legal System: An Interview with PeopleClaim's Mark Deuitch

Mike Ragogna | Posted 12.20.2014 | Business
Mike Ragogna

An Interview with Mark Deuitch, Founder and CEO of PeopleClaim.com Mike Ragogna: Mark, tell us about PeopleClaim.com. What's its goal? Mark Deuitch:...

Must Parties Confirm That They Are Open to Settlement For Mediation to Be Effective?

Mark Baer | Posted 06.02.2014 | Divorce
Mark Baer

I want to once again deconstruct aspects of Franklin Garfield's article titled "Should Divorcing Couples Who Mediate Be Talking Through Counsel?" because I find it an effective way of raising certain aspects of mediation, bringing about a discussion on those issues and educating people.

Important Distinctions Between Litigation and Mediation

Mark Baer | Posted 01.23.2014 | Divorce
Mark Baer

Throughout the conference, the panelists kept reiterating that what occurs in court is state specific, "locale specific," and jurist specific. In other words, results vary from judge to judge based upon the judge's biases, beliefs, assumptions and values. I think this should really scare anyone and everyone.

Parties' Positions and the Mediation Process

Mark Baer | Posted 01.23.2014 | Divorce
Mark Baer

Evaluating the "strengths and weaknesses of the parties' positions" is often more perception than reality.

When the Law Is Involved, Do Notions Of Fairness Matter?

Mark Baer | Posted 09.28.2013 | Divorce
Mark Baer

When attorneys, mediators and others are involved in the process, their concepts of fairness may well differ from those of one or both of the parties and from those of the other professionals involved.