http://mediationserv.com testing tagline Tue, 01 Jun 2010 18:14:55 +0000 http://backend.userland.com/rss092 en Many attorneys  coming to mediation beg off from the usual joint session approach of most mediators including "yours truly" out of a fear that direct confrontation is likely to result in counterproductive anger and hostility.  This concern has merit for it is based on experience with the tendency of lawyers to present their arguments ... http://mediationserv.com/?p=65 Fine and experienced lawyers come to mediation having submitted an elaborate and highly informative brief to the mediator alone!  What is the rationale for this practice. I speak here not of those cases in which a litigant deems it necessary to keep his trial strategy close to the vest, or in ... http://mediationserv.com/?p=63 By Dave Finch Few disagreements there are whose resolution cannot be aided by mediation and those involving the care - medical as well as financial - of the elderly are certainly not among them, though the field of elder mediation has been slow to gain traction.    Elder mediation or guardian/conservatorship mediation as it ... http://mediationserv.com/?p=61  By Dave Finch Successful negotiators come in various packages, but a nearly common denominator of this species is concern for the appearance in any proposal of fairness, or at least, that any appearance of unfairness be diminished as much as possible.  Fairness or the perception of fair treatment can be hugely ... http://mediationserv.com/?p=53 At the risk of criticism for offering hearsay upon hearsay, I would like to briefly discuss the findings of Dr. Torkell Klingberg, a neuroscientist in Stockholm as described in a review of his book "The Overflowing Brain" by reviewer, Christopher Chabris, psychology professor at Union College in Schenectady, N.Y. Now with all ... http://mediationserv.com/?p=52 A number of years ago we often heard mediation described by case hardened negotiators as "touchy feely".  Over these years a probable majority of those cynics have come around to an appreciation that mediation  need not be anything of the sort, and in fact, as practiced in court connected cases ... http://mediationserv.com/?p=50  The following letter was sent today by Jim Madison on behalf of CDRC.     November 3, 2008   Chief Justice Ronald George                                     and Associate Justices California Supreme Court 350 McAllister Street San Francisco, CA 94102-3600                                       Re:  Estate of Thottam  Supreme Court No. S166943   Dear Chief Justice and Associate Justices:   This letter is written on behalf of the ... http://mediationserv.com/?p=48 Letter briefs are being filed by the California Dispute Resolution Council (CDRC) and by Ivan K. Stevenson, dba Confidential Mediaton & Dispute Resolution (CMDR) as amicus curiae.  CDRC, as you may know is the prominent and highly respected statewide organization established nearly two decades ago for the purpose of watchdogging ... http://mediationserv.com/?p=47 As preparations are underway on a petition for review to the Supreme Court of California, and having had a chance to read the appellants' petition draft,  this Nevada County mediator is able to provide a little more insight into what went wrong and why the Supreme Court of California (I ... http://mediationserv.com/?p=46 By Dave Finch Doesn't it seem as though arguments about the meaning of mediation confidentiality ought to be over by now? Having co-written the successful CDRC amicus brief in Rojas, and applauded this year's consistent decision in Simmons vs. Ghaderi, I certainly thought so. Yet, once or ... http://mediationserv.com/?p=45