Mediator Training Clip 1 – Agenda – Language & Interruptions

Mediator Training Clip 1 – Agenda – Language & Interruptions demo Clip1:”An Interest-based Mediation…,” demonstrates and explains the problem-solving, facilitative mediation process. The series includes three DVDs, a Student Handbook, a Teacher’s Manual, and other teaching materials. It is used in mediator training programs, law school dispute resolution courses, and continuing education classes. Clip 1 of four posted clips centers on: Agenda – Avoiding Charged Language and Handling Interruptions.

This workplace conflict involves an employment discharge allegedly based on disability. The mediator, Andrew Kidde, J.D., must address both inter-personal and practical issues. The mediator demonstrates skilled interventions designed to diffuse conflict, restore relationships, break impasse, and reach resolution. The mediator and the parties also reflect on the process in pre- and post-mediation interviews.

The dispute is realistically portrayed, though parties and dispute are fictional. The Teacher’s Manual includes class exercises and elaborates on many topics, such as how this style of mediation is relevant to shuttle negotiation. The 92-min. DVD can be shown in one sitting or its chapters assigned individually as students study each stage of the process.  Mediation Sunshine Coast

Other DVDs in the series are a full 3-hour mediation and “Stop Action! What Would YOU Do?,” which generates lively class debate with questions posed at critical decision points in the mediation. Produced by Seattle University Law Professor Melinda J. Branscomb and Sue Ann Allen, Training Director, Dispute Resolution Center of King County. Purchase at Educator discounts available for community mediation centers and school and university classroom use.

Family Mediation long clip

Family Mediation long clip


An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

Whether for family mediators in particular, or family lawyers in general, Lisa Parkinson’s third edition of ‘Family Mediation’ is the authoritative textbook and guide that no professional adviser in family disputes should be without.

Published by Jordan’s Family Law imprint, the book is a clear, rational and concise, yet detailed guide through the entanglements and complexities that emerge from family conflicts. It is an absorbing examination of this ever-sensitive and almost invariably difficult area of dispute resolution.

Family lawyers as well as mediators will inevitably regard this book – now in its third edition for the beginning of 2015 – as essential reading in an area where mediation and legal processes almost invariably intersect. One of the beauties of the book is that it offers a brief but illuminating historical perspective on mediation, as well as other forms of ADR (alternative dispute resolution) as ways and means — whether effective or flawed — of resolving family conflicts.

As the text reminds us, mediation has been available in England and Wales for over thirty years. Initially used in children’s applications, it has grown to cover all areas of divorce and separation, including finance and property. Sir James Munby, President of the Family Division, has referred to mediation as ‘an established and valued part of the dispute resolution process of which the Family Court also forms a part.’

‘It is important,’ he continues, ‘for judges to be aware of the advantages that mediation can bring to resolving disputes between separated parents and to bear these in mind when cases come before them which may benefit from mediation.’

The new edition of this well-established work of reference reflects current thinking and research into dispute resolution, thus meeting the needs of novices and experienced practitioners alike. Throughout its more than 500 pages, the book takes the reader through the full spectrum of procedures and processes involved in family mediation, from management of conflict and communications skills, to mediating on money matters… dealing with deadlocks… conducting international mediation… and of course, a lot more.
Those exploring the subject in depth will note the chapter on research and the wealth of useful references in the extensive bibliography, not to mention the sample documentation contained in the book’s ten appendices. Practitioners and advisers, judges and researchers, as well as mediators will appreciate the invaluable help offered by this book in helping them meet the challenge of change within the family justice system.

The publication date is cited as at November 2014.

Abby Rosmarin Esq., LMHC,    Mediation Counsel, McCarthy Fingar LLP | Arbitration & Mediation i

Abby Rosmarin Esq., LMHC, Mediation Counsel, McCarthy Fingar LLP | Arbitration & Mediation i

Abby Rosmarin of McCarthy Fingar’s Mediation & Arbitration Practice Group, concentrates her practice on alternative dispute resolution. Abby draws on her training and experience in law, conflict resolution and mental health to mediate a wide range of family disputes, including divorce, custody and visitation, parent/child, trusts and estates, elder care and planning, as well as those arising in the context of family-owned businesses.

Moulton & Arney, LLP | Physician Contracts, Mediation and Commercial Litigation

Moulton & Arney, LLP | Physician Contracts, Mediation and Commercial Litigation

Client Testimonial

Moulton & Arney LLP
800 Taft Street
Houston, TX 77019

(866) 378-4465
(713) 353-6699

“Hi, I am the business manager for a medical practice here in Houston that my husband and I started in 2004. And recently we had need of an attorney to help us with a non-compete issue that went to mediation. This was a very scary process for us since we had no experience with it, and we were recommended to Cindy Moulton.

From the moment we met her, we knew we had the right person. She is so confident, she knew the process, she knew the people. It was impressive. We however were very nervous about it, we had no experience with this. We didn’t know what to expect, and expressed that concern to Cindy. And she was wonderful walking us through how it works, and the in’s and the out’s, what to expect, what not to expect, what to do, what not to do. It gave us a lot of comfort to understand the system, the process, how this would work. It gave us a lot of comfort knowing that she knew the process so well. She knew the legal side so well, she knew so much about so many different things. It never ceases to amaze me in a conversation that I have with Cindy how much she knows about so many different things. And even things that I wouldn’t necessarily expect her to know. But obviously she has worked with a lot of physicians over the years. She didn’t need a lot of explanation for a lot of things that most people would.

Cindy absolutely made it easy, she gave us the education to understand and feel comfortable. She gave us the education to help her. The questions she would ask, the roads she would go down, we uncovered a lot of things just in that day. It was a process coming in feeling very nervous about the day and by the end of the day, feeling very comfortable that boy did we choose the right person and we are happy with the outcome. I would highly recommend Cindy Moulton for any form of mediation, any form of contract issue. She really knows her stuff.”

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Mediator Skills and Techniques: Triange of Influence by Miryana Nesic and Laurence Boulle

Mediator Skills and Techniques: Triange of Influence by Miryana Nesic and Laurence Boulle



By Miryana Nesic and Laurence Boulle

ISBN: 978-1-84766-144-9




An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

In the not too distant past, the only civil and satisfactory way to resolve a dispute was to resort to litigation with the expense and time which necessarily follows all aspects of formal court work.

In recent years, however, notably in the first decade of the twenty-first century, the current orthodox thinking of the judiciary is that the first stage in any contentious matter should be mediation, sometimes referred to by the phrase Alternative Dispute Resolution in its various forms and with all that entails. The aim has always been simple: cheaper, quick and informal. Well, we will see if that is the case or not here!

The problem is that the nomenclature of ADR can, somewhat unfortunately, generates confusion… and it does when you try to supply such information to the client! This is why Miryana Nesic and Laurence Boulle, the authors of this excellent guide, have wisely made clear at the beginning that mediation is a process in which someone external to the conflict assists the decision making of the parties in various ways, but cannot make binding decisions for them.

Of course, the approach is in contrast to processes in which the external person is, in fact, officially the formal decision maker for the disputatious parties. These processes include the functions of arbitration, adjudication, expert determination and court proceedings, but not, please note, mediation.

The authors confine themselves exclusively to mediation, and explore this rapidly developing field both extensively and intensively with a text rich in detail throughout. The result is a working skills book which focuses on mediation as what they call a distinct analytical model.

Most advisers in this field would agree with Nesic & Boulle that mediation skills can be applied in numerous situations which we would not formally recognize as mediation. Examples include parents, managers, teachers, police officers, receptionists, politicians and many other skilled helpers can all at times be seen as informal mediators of disputes.

Amen to that! And, all the more power to this thorough and comprehensive guide aimed at all mediators, including those members of the Bar and other advocates who are accredited mediators following the advice of recent Lord Chief Justices.

Encompassing, in over 800 pages, examples, case studies, exercises, precedents, guidance notes and other resources within the 13 chapters and 13 appendices, the book provides a guide to the skills, techniques and standards of practice of mediators and discusses the needs, role and function of clients, advisors and other support people in mediation.

The guide covers the following topics:

•establishing the foundation for effective mediation
•maintaining a favourable climate
•diagnosing, defining, designing
•managing the mediation process
•assisting communications
•facilitating the negotiations and encouraging settlement
•variations in the mediation process
•special issues in mediation
•avoiding mediator traps
•developing a mediation practice
•EU mediation developments

As explained in the preface, the Triangle of Influence from the title of the work highlights the fact that effective mediation by its nature must always involve three aspects:

•fair process;

•understanding of the people, the issues and the conflict; and

•the legal and regulatory landscape

Depending on the nature of a dispute, litigation is certainly no longer necessarily the first resort in the process of resolving it. Provided the parties are reasonable and acting in good faith, mediation, if sensibly and sensitively handled, can be an effective means of dispute resolution.

We found the section on avoiding mediator traps to be found in chapter 11, with its sub title forewarned is forearmed, is particularly helpful for practitioners at any level. With its eminent common sense approach, this chapter has a useful summary for advisors, and a recommended reading list at the end as do all chapters of the book with the practical tasks for beginner mediators as hands-on exercises.

So, this new skills guide is to be welcomed for the wealth of advice it offers on the most effective mediation skills and techniques when resolving legal disputes without litigation and we are still working on it as the most suitable first resort!

ISBN: 978-1-84766-144-9

The Importance of Peer Mediation Helping to Control Conflict

The Importance of Peer Mediation Helping to Control Conflict demo Clip1:”An Interest-based Mediation…,” demonstrates and explains the problem-solving, facilitative mediation process.

Peer Mediation Titelsong von John Denver.

In this session, I want to talk to you about mediation. In fact, this is the first of three alternative methods for resolving family law disputes that I will do videos on.

The Professional Workshop Series titled ‘Resolving Workplace Conflict by Mediation’ and held on 9 August at The Collab was attended by over 40 enthusiastic …

In the Mix is the Emmy award winning PBS documentary series for teens. Research from the Health Resources and Services Administration’s (HRSA) National …

For our December ILR Online webcast we focused on confl

The Importance of Peer Mediation Helping to Control Conflict

The Importance of Peer Mediation Helping to Control Conflict

An Introduction to Third Ear Conflict Resolution

An Introduction to Third Ear Conflict Resolution

Using mediation techniques to resolve any problem. This short video introduces viewers to the principles and action steps applied in the Third Ear Conflict Resolution Program. Developed by Nance L. Schick, this program was first presented to the Straus Institute for Dispute Resolution at the Pepperdine University School of Law in conjunction with the 2006 Southern California Mediation Association conference. This is the first of several videos in the program. Later videos apply the tools to specific conflicts and will be posted throughout 2013. xo

Gary B. Wells, Attorney & Divorce and Family Law Mediator

Gary B. Wells, Attorney & Divorce and Family Law Mediator

I am an experienced family law and litigation attorney providing mediation services to couples going through a divorce or separation to resolve their issues outside of court.

After more than two decades of working as an attorney, I have learned that the courtroom is not the best place for a divorcing couple. The best alternative is to provide an opportunity for the couple to work with a mediator to reduce conflict, clarify issues, consider alternatives, and reach a mutually beneficial agreement while preserving the couple’s assets.

Mediation is a process for handling issues in which the parties involved voluntarily meet with a trained, impartial mediator, to work together to resolve these issues and develop a mutually acceptable, durable, and legally enforceable agreement. Mediation sessions are informal and conducted in a confidential, private setting.

I began my professional career in 1986 as a certified public accountant where I developed a solid understanding of business, financial, and tax concerns. In 1991 I began practicing law in Fresno, California. After several years of practice in family law and other litigation, I recognized that the adversarial nature of the legal system was inappropriate for most couples. More often than not, legal battles resulted in anger and hurt, financial devastation, and random results with which nobody was happy. These dysfunctions were especially hard on couples going through a divorce—arguably the most painful and challenging time of anyone’s life.

In response to the shortcomings of litigation, I turned to the practice of mediation to help couples contemplating divorce. Through mediation, most couples are better able to avoid costly legal battles, maintain a civil relationship—which is vital when children are involved—and get through the process more quickly. Mediation is a collaborative process that aims to achieve a “win-win” result for both parties.”

Through the mediation process, I works with couples to:

• Explore and understand their options within the confines of California law while recognizing the greater flexibility they have by working together.

• Develop a mutually-agreed settlement that is legally-enforceable, works best for them because it considers their individual circumstances, and is less likely to require future litigation.

• Prepare and file the necessary legal documents so they have no need to enter the courthouse.

• Develop insight and cultivate skills to avoid future contention and legal procedures with the other party.

• Maintain greater privacy because the mediation process occurs in private and avoids public court hearings.

• Complete the legal process more efficiently and in much less time, thus shortening the emotional strains of prolonged litigation.

• Save significant amounts of money and preserve the couple’s assets by avoiding the costs of litigation.

I provide mediation services for couples living in Fresno, Madera, Tulare, and Kings counties.