Mediation - ADR

This is a discussion on Mediation - ADR within the Watercooler forums, part of the General Forums category; I am very interested in discussing ADR with other folks who might be interested in, or have experience in this alternative to litigation. Perhaps the Administrator would permit an ADR ...

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  1. #1
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    Mediation - ADR

    I am very interested in discussing ADR with other folks who might be interested in, or have experience in this alternative to litigation. Perhaps the Administrator would permit an ADR Blog on this site. Just some thoughts.


  2. #2
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    I have recently added a few articles about ADR:
    Legal Help - Legal Advice - Alternative Dispute Resolution

    Unfortunately we do not have the interest level yet to warrant discussion about ADR. I personally don't have any experience with ADR. I also find that most people are very litigious and do not even consider it as an option. Most people only encounter ADR when they are forced to during family law proceedings.
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  3. #3
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    Your points are well taken but I must respectfully disagree. This area of conflict resolution is growing fast. The average fee for the mediator is $400/hr+., but translates to much cheaper resolution fees to the client than months or years of litigation expenses (hearings, discovery and so on).

    The mediator acts as Judge and jury. The "tribunal" normally takes place in the Mediator's kitchen or living room, JUST AS IN THE OLD DAYS LOL. Remember the bartender who saved many couples from divorce? The parties sign a contract to abide by the decision soo it is legal and many a Judge prefers this route due to court schedule back up.

    If it is OK, I would like to begin a blog by turning folks on to a FREE "CERTIFICATION OF MEDIATION TRAINING". I happened to find this course on the internet, which I found to be extremely informative.

    If passed, you gain four MCLE Crdits including one ethics Credit certified and approved for Credit byTHE STATE BAR OF CALIFORNIA. It is a short course and easy to complete. Generally it teaches attorneys and others; the art of negotiation.

    If anyone takes this course, please post your comments on this site. I would personally appreciate your comments. I believe the site location is freemediationcourse.com

    Lastly, I am looking for a small group of attorneys with mediation training to form an ELDER MEDIATION GROUP (for profit). This group will act minimally on a regional bases and preferably on a national basis. This is a brand new area of mediation.

    I suggest that folks who are interested check out some National firms who allready offer Divorce and Construction mediation/arbitration. This is a HUGE INDUSTRY!

  4. #4
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    Cahoonzie,

    You can feel free to blog about it in this section of the website:
    Legal Help & Legal Advice Questions & Answers on Legal Issues - Recent Blogs Posts - Legal Blogs

    Let me know ahead of time if you would like to do that, and I will add an ADR category section for you.
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  5. #5
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    Thank you Mr. Administrator. As time permits, I will put together....informative information for ADR discussion. I am thinking of starting this blog with "THE PROS AND CONS OF ADR IN THE 21ST CENTURY".

    In any event, I will give you due notice when I am prepared to open an ADR Blog. Time is a precious commodity of which I have little lol. Let's see what I can do. Thanks.

  6. #6
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    WIKPEDIA:
    "Mediation, as used in law, is a form of alternative dispute resolution (ADR), a way of resolving disputes between two or more parties. A third party, the mediator, assists the parties to negotiate their own settlement (facilitative mediation). In some cases, mediators may express a view on what might be a fair or reasonable settlement, generally where all the parties agree that the mediator may do so (evaluative mediation).

    Mediation has a structure, timetable and dynamics that "ordinary" negotiation lacks. The process is private and confidential. The presence of a mediator is the key distinguishing feature of the process. There may be no obligation to go to mediation, but in some cases, any settlement agreement signed by the parties to a dispute will be binding on them.

    Mediators use various techniques to open, or improve, dialogue between disputants, aiming to help the parties reach an agreement (with concrete effects) on the disputed matter. Much depends on the mediator's skill and training. The mediator must be wholly impartial. Disputants may use mediation in a variety of disputes, such as commercial, legal, diplomatic, workplace, community and family matters. A third-party representative may contract and mediate between (say) unions and corporations. When a workers’ union goes on strike, a dispute takes place, the parties may agree to a third party to settle a contract or agreement between the union and the corporation."

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    This blog is very userfull and thanks for adding it into the site.


 

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