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Alternative Dispute Resolution Specialists

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.

Getting to grips with mediation can leave students and trainees overwhelmed. That favourite training tool, the roleplay, throws most in at the deep end. The sudden immersion forces them to speak, listen and observe while trying to remember models and skills plus a sea of reading and the trainer’s feedback. Oh, and all combined with performance anxiety.

Disagreements often start when someone doesn’t want to discuss something or take a necessary action, and someone else accuses that person of avoiding. That accusation will generate a wide variety of responses based on the kind of avoidance being demonstrated. 

This article will give a brief overview of the following topics; What is evaluative mediation?, Who cares about a name?, The quest for “successful” dispute resolution processes, Why the apparent interest in Evaluative Mediation (EM)?, What are the types of EM? Eg Process; Medrec; SIMSLILC, Core description of “advice”, What are the common types of advice?—Seven types suggested, Advantages of EM, Disadvantages of EM, Consent to advice; Advice to whom? Timing? Tone? Words and images, Some standard hurdles during EM and the Conclusion

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