Comments for Practical Dispute Resolution http://cobbmediation.wordpress.com 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 Comment on Judicial Influence on Mediation Settlement Rates by Judicial Influence on Mediation Settlement Rates « Center for Legal Solution’s Blog http://cobbmediation.wordpress.com/2008/11/10/judicial-influence-on-mediation-settlement-rates/#comment-21 Judicial Influence on Mediation Settlement Rates « Center for Legal Solution’s Blog Sun, 15 Feb 2009 20:37:58 +0000 http://cobbmediation.wordpress.com/?p=53#comment-21 [...] See Original Post & Comments [...] [...] See Original Post & Comments [...]

]]> Comment on Do Popular Mediators Have Higher Settlement Rates? Empirical Analysis of 578 Mediated Cases by Do Popular Mediators Have Higher Settlement Rates? Empirical Analysis of 578 Mediated Cases « Center for Legal Solution’s Blog http://cobbmediation.wordpress.com/2008/11/04/do-popular-mediators-have-higher-settlement-rates-empirical-analysis-of-578-mediated-cases/#comment-20 Do Popular Mediators Have Higher Settlement Rates? Empirical Analysis of 578 Mediated Cases « Center for Legal Solution’s Blog Sun, 15 Feb 2009 20:27:22 +0000 http://cobbmediation.wordpress.com/?p=30#comment-20 [...] See Original Blog Post & Comments [...] [...] See Original Blog Post & Comments [...]

]]> Comment on Why Order Parties to Mediate? by Why Order Parties to Mediate? « Center for Legal Solution’s Blog http://cobbmediation.wordpress.com/2008/10/24/why-order-parties-to-mediate/#comment-19 Why Order Parties to Mediate? « Center for Legal Solution’s Blog Wed, 11 Feb 2009 21:38:21 +0000 http://cobbmediation.wordpress.com/?p=21#comment-19 [...] See Comments to Original Post [...] [...] See Comments to Original Post [...]

]]> Comment on If the Parties Can’t Agree, How Can a Mediator Help? 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 [...]

]]> Comment on The “Natural” Settlement Rate and Court-Connected ADR by cobbmediationllc http://cobbmediation.wordpress.com/2008/11/07/the-natural-settlement-rate-and-court-connected-adr/#comment-17 cobbmediationllc Mon, 15 Dec 2008 20:58:54 +0000 http://cobbmediation.wordpress.com/?p=48#comment-17 Our analysis of settlement rates in court with mandatory ADR programs is based on empirical data. By grounding our analysis in fact, we hope to avoid sharing mere opinions. The data shows that parties to cases in Georgia's state, superior and magistrate courts that are referred to mandatory ADR are settling out of court at an increasing rate prior to mediation. To really help families with conflict, we should consider families who are increasingly settling out of court prior to mandatory mediation. When a court orders mediation, they may be forced to pay for the mediator's time as well as their attorney's time, and this financial burden may compel them to settle matters rather than pay the high cost of justice. It is important to allow facts to inform and influence our opinions. Policies enacted with the intent of helping people may not actually achieve their desire result in practice. Our analysis of settlement rates in court with mandatory ADR programs is based on empirical data. By grounding our analysis in fact, we hope to avoid sharing mere opinions. The data shows that parties to cases in Georgia’s state, superior and magistrate courts that are referred to mandatory ADR are settling out of court at an increasing rate prior to mediation.

To really help families with conflict, we should consider families who are increasingly settling out of court prior to mandatory mediation. When a court orders mediation, they may be forced to pay for the mediator’s time as well as their attorney’s time, and this financial burden may compel them to settle matters rather than pay the high cost of justice.

It is important to allow facts to inform and influence our opinions. Policies enacted with the intent of helping people may not actually achieve their desire result in practice.

]]> Comment on The “Natural” Settlement Rate and Court-Connected ADR by Carolee http://cobbmediation.wordpress.com/2008/11/07/the-natural-settlement-rate-and-court-connected-adr/#comment-16 Carolee Mon, 15 Dec 2008 19:10:22 +0000 http://cobbmediation.wordpress.com/?p=48#comment-16 The phrases "burden of court-ordered mediation and "reluctant to endure" are are certainly great examples of how to shape perception and opinion through negative language. Although this shows some skill in public relations, it does not help the families struggling with conflict. The amazingly weak financial argument against mediation assumes that families are not expected to shoulder the "burden" of paying for their attorneys. The phrases “burden of court-ordered mediation and “reluctant to endure” are are certainly great examples of how to shape perception and opinion through negative language. Although this shows some skill in public relations, it does not help the families struggling with conflict.

The amazingly weak financial argument against mediation assumes that families are not expected to shoulder the “burden” of paying for their attorneys.

]]> Comment on Do Popular Mediators Have Higher Settlement Rates? Empirical Analysis of 578 Mediated Cases by Jim Shannonhouse http://cobbmediation.wordpress.com/2008/11/04/do-popular-mediators-have-higher-settlement-rates-empirical-analysis-of-578-mediated-cases/#comment-14 Jim Shannonhouse Thu, 27 Nov 2008 14:57:10 +0000 http://cobbmediation.wordpress.com/?p=30#comment-14 As operator of a mediation service for cases in litigation in Mecklenburg County, NC I find your studies of great interest. My theory is that our most popular mediators are successful partially because they are highly skilled and partially because they are chosen to mediate in expection that they will be able to help counsel settle cases they want to settle. In effect, their reputations create a self-fulfilling proficy in favor of settlement. It is worth mentioning that the value put on these mediators is financially greater than those of lessser reputation. I look forward to following your research to see if these thoughts are accurate. Thank you for bringing this analytical process to the sometimes instinctive world of mediation. Jim Shannonhouse As operator of a mediation service for cases in litigation in Mecklenburg County, NC I find your studies of great interest. My theory is that our most popular mediators are successful partially because they are highly skilled and partially because they are chosen to mediate in expection that they will be able to help counsel settle cases they want to settle. In effect, their reputations create a self-fulfilling proficy in favor of settlement. It is worth mentioning that the value put on these mediators is financially greater than those of lessser reputation.

I look forward to following your research to see if these thoughts are accurate.

Thank you for bringing this analytical process to the sometimes instinctive world of mediation.

Jim Shannonhouse

]]> Comment on Correlation of Mediator Gender to Settlement Rate by ARABULUCU Blog © » Arabulucunun cinsiyetinin, anlaşma oranlarıyla olan korelasyonu http://cobbmediation.wordpress.com/2008/11/11/correlation-of-mediator-gender-to-settlement-rate/#comment-11 ARABULUCU Blog © » Arabulucunun cinsiyetinin, anlaşma oranlarıyla olan korelasyonu Sat, 22 Nov 2008 22:43:48 +0000 http://cobbmediation.wordpress.com/?p=57#comment-11 [...] Correlation of Mediator Gender to Settlement Rate [...] [...] Correlation of Mediator Gender to Settlement Rate [...]

]]> Comment on Some Types of Cases May Be Better Suited to Mediation than Others by Mediation Channel » Highlights from the World Directory of ADR Blogs http://cobbmediation.wordpress.com/2008/11/06/some-types-of-cases-may-be-better-suited-to-mediation-than-others/#comment-10 Mediation Channel » Highlights from the World Directory of ADR Blogs Sat, 22 Nov 2008 10:30:46 +0000 http://cobbmediation.wordpress.com/?p=44#comment-10 [...] Practical Dispute Resolution. Published by the Center for Legal Solutions, Inc., in Marietta, Georgia, this blog, which makes the most effective use of graphs I’ve yet seen on any ADR blog, focuses on the practical aspects of mediation and ADR and provides empirical analyses.  Recent posts include “Correlation of Mediator Gender to Settlement Rate”, “What is the Best Time to Mediate a Case?“, and “Some Types of Cases May Be Better Suited to Mediation than Others“. [...] [...] Practical Dispute Resolution. Published by the Center for Legal Solutions, Inc., in Marietta, Georgia, this blog, which makes the most effective use of graphs I’ve yet seen on any ADR blog, focuses on the practical aspects of mediation and ADR and provides empirical analyses.  Recent posts include “Correlation of Mediator Gender to Settlement Rate”, “What is the Best Time to Mediate a Case?“, and “Some Types of Cases May Be Better Suited to Mediation than Others“. [...]

]]> Comment on What is the Best Time to Mediate a Case? by Mediation Channel » Highlights from the World Directory of ADR Blogs http://cobbmediation.wordpress.com/2008/11/19/what-is-the-best-time-to-mediate-a-case/#comment-9 Mediation Channel » Highlights from the World Directory of ADR Blogs Fri, 21 Nov 2008 20:07:34 +0000 http://cobbmediation.wordpress.com/?p=71#comment-9 [...] Recent posts include “Correlation of Mediator Gender to Settlement Rate”, “What is the Best Time to Mediate a Case?“, and “Some Types of Cases May Be Better Suited to Mediation than [...] [...] Recent posts include “Correlation of Mediator Gender to Settlement Rate”, “What is the Best Time to Mediate a Case?“, and “Some Types of Cases May Be Better Suited to Mediation than [...]

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