Comments on: If the Parties Can’t Agree, How Can a Mediator Help? http://cobbmediation.wordpress.com/2008/10/13/if-the-parties-cant-agree-how-can-a-mediator-help/ Insights into dispute resolution theory and practice from The Center for Legal Solutions, Inc. Sun, 15 Feb 2009 20:37:58 +0000 http://wordpress.com/ hourly 1 By: If the Parties Can’t Agree, How Can a Mediator Help? « Center for Legal Solution’s Blog http://cobbmediation.wordpress.com/2008/10/13/if-the-parties-cant-agree-how-can-a-mediator-help/#comment-18 If the Parties Can’t Agree, How Can a Mediator Help? « Center for Legal Solution’s Blog Wed, 11 Feb 2009 21:36:06 +0000 http://cobbmediation.wordpress.com/?p=5#comment-18 [...] See Comments to Original Post [...] [...] See Comments to Original Post [...]

]]> By: John DeGroote http://cobbmediation.wordpress.com/2008/10/13/if-the-parties-cant-agree-how-can-a-mediator-help/#comment-7 John DeGroote Fri, 21 Nov 2008 16:58:13 +0000 http://cobbmediation.wordpress.com/?p=5#comment-7 I have thought more about this post since I commented originally, and decided to expand on my thoughts in a post on Settlement Perspectives at http://www.settlementperspectives.com/2008/11/why-mediate-at-all-cant-we-just-work-it-out/ that links back here. Thanks again-- John DeGroote I have thought more about this post since I commented originally, and decided to expand on my thoughts in a post on Settlement Perspectives at http://www.settlementperspectives.com/2008/11/why-mediate-at-all-cant-we-just-work-it-out/ that links back here.

Thanks again–

John DeGroote

]]> By: Larry Dawson http://cobbmediation.wordpress.com/2008/10/13/if-the-parties-cant-agree-how-can-a-mediator-help/#comment-4 Larry Dawson Sat, 25 Oct 2008 23:27:18 +0000 http://cobbmediation.wordpress.com/?p=5#comment-4 It has been my experience that even when parties feel they can come to an agreement themselves, there is always the possibility that the process, which a mediator oversees, gets off track. Individuals always want what is in their best interest. A mediator can put the process back on track and show how a situation can affect both parties individually and help to come to an acceptable agreement that benefits all. It has been my experience that even when parties feel they can come to an agreement themselves, there is always the possibility that the process, which a mediator oversees, gets off track. Individuals always want what is in their best interest. A mediator can put the process back on track and show how a situation can affect both parties individually and help to come to an acceptable agreement that benefits all.

]]> By: Ross Jordan http://cobbmediation.wordpress.com/2008/10/13/if-the-parties-cant-agree-how-can-a-mediator-help/#comment-3 Ross Jordan Mon, 20 Oct 2008 18:34:34 +0000 http://cobbmediation.wordpress.com/?p=5#comment-3 "How about let's give it a try." I say to doubting parites. "We won't know until we have talked together. And our time together will give both parties a change to talk 'out loud' about your point of view on this matter and will help you later if have to expain it before the judge. Besides, it have been my 18 years of mediation experience that often, actually most of the time, that mediation does help both parties move closer to an agreement. Also, if we settle it now, you will be saving yourselves a lot of money and heartache. So, would you be willing to try? If it doensn't work, then you have lost nothing and gained a positive experience." “How about let’s give it a try.” I say to doubting parites. “We won’t know until we have talked together. And our time together will give both parties a change to talk ‘out loud’ about your point of view on this matter and will help you later if have to expain it before the judge. Besides, it have been my 18 years of mediation experience that often, actually most of the time, that mediation does help both parties move closer to an agreement. Also, if we settle it now, you will be saving yourselves a lot of money and heartache. So, would you be willing to try? If it doensn’t work, then you have lost nothing and gained a positive experience.”

]]> By: John DeGroote http://cobbmediation.wordpress.com/2008/10/13/if-the-parties-cant-agree-how-can-a-mediator-help/#comment-2 John DeGroote Fri, 17 Oct 2008 12:22:35 +0000 http://cobbmediation.wordpress.com/?p=5#comment-2 Congratulations on your new site! Chris Annunziata was kind enough to send his readers over, and you are off to a great start. What advantages does mediation have over direct negotiation? There are probably a dozen, but two come immediately to mind. First, in some cases mediation allows parties to be in the same location but in different rooms for difficult parts of the negotiation; this allows each party to pause before reacting, and allows them to compose their thoughts before their positions are communicated to the other side. Second, mediators help resolve disputes for a living and use their experience and training to facilitate the process; very often the mediator will help each side craft the message that is conveyed to the other side, the mediator will help each side see weaknesses and strengths of various positions that can foster more realistic settlement positions, and the mediator will help manage the process as he or she feels can get the case settled. There are plenty more, and I look forward to seeing what other readers think. Congrats again on the new site-- JD Congratulations on your new site! Chris Annunziata was kind enough to send his readers over, and you are off to a great start.

What advantages does mediation have over direct negotiation? There are probably a dozen, but two come immediately to mind. First, in some cases mediation allows parties to be in the same location but in different rooms for difficult parts of the negotiation; this allows each party to pause before reacting, and allows them to compose their thoughts before their positions are communicated to the other side. Second, mediators help resolve disputes for a living and use their experience and training to facilitate the process; very often the mediator will help each side craft the message that is conveyed to the other side, the mediator will help each side see weaknesses and strengths of various positions that can foster more realistic settlement positions, and the mediator will help manage the process as he or she feels can get the case settled.

There are plenty more, and I look forward to seeing what other readers think.

Congrats again on the new site–

JD

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