Evaluating the risk of winning or losing a lawsuit and the reward of damages is based on probabilities, statistics and data. Some commentators refer to this as “objective criteria.” (See: Getting To Yes, Fisher and Ury). Others observe that if other incidents happened in a similar way that the mediated resolution should likely be the same. As a result, decision makers categorize disputes based on historical data and walk into the mediation room armed with a pocketed case value set in concrete.

In franchise disputes, lawyers and parties who search for mediators drill down on mediators’ professional backgrounds, often paying the most attention to whether potential mediators have previously represented franchisors or franchisees. Despite the fact that lawyers generally don’t choose their clients – clients choose lawyers – everyone, or most everyone, wants to know if a lawyer being considered as a mediator in a franchise dispute has been identified with franchisors or franchisees.

Mediation is a non-judicial means of dispute resolution mechanism, and it has become very prevalent because of the disadvantages or limitations faced in litigation. Mediation or conciliation has been for centuries in UAE as it has helped to resolve the disputes cheaply, efficiently and expediently.

Your team has outlined your change effort process, including team agreements. You’ve done a great job building strength, common purpose, and cohesion within your team. Everyone bolts out of the conference room with Super Bowl energy, pumped-up for success!

Mediation is a wonderful process and I love mediation but I do not want to see it get more complicated with “what mediators need to do” kinds of stuff. Referred to as “styles”--mediation need not be about styles.  Let the style guys spend time studying the format of mediation and become great at mediation responsibility.

Getting a divorce? You have options that will allow you to pick the right people to help you do that, but there’s no one size fits all choice. Mediate, Don’t Litigate is a great concept that has fast become the popular trend in divorce.  More so now, people like to say, “I want to get divorced by a mediator...