The more mediations I handle the more I learn how much mediation is a service business and the more I understand the services I can provide to distinguish my practice from that of others.
As I have said before, a
ADR Notes
ADR Notes, published by Boyce Law Firm, focuses on alternative dispute resolution with an emphasis on mediation practices. The blog discusses key principles such as mediator competence, self-determination of parties, and the importance of a quality mediation process. It addresses practical aspects of mediation including procedural fairness, participation, and the role of mediators in facilitating resolutions beyond monetary terms. The content also explores ethical standards, mediator training, and the dynamics between mediators, parties, and legal counsel. The blog aims to provide insights into effective mediation strategies and the ethical framework guiding mediators' conduct.
Latest from ADR Notes - Page 2
The Process of Mediation
Mediation is a process which starts at the initial contact with the parties or their lawyers. In that initial contact I want to find out how interested the parties actually are to resolving the case. I also want to start…
Positions v. Interests: Important Distinctions for the Lawyer and Mediator
The parties to every mediation have interests that they are trying to satisfy. Whether those interests are substantive or procedural or more of a psychological nature (an apology, acknowledgement of wrong doing, respect etc.) there is always an underlying reason…
The Ever Expanding Use of Mediation
Twenty plus years ago when I was first exposed to mediation as a means to resolve disputes the practice was limited almost exclusively to resolving disputes within the judicial system. Pending lawsuits or threatened lawsuits seemed to be the only…
Why Do I Believe In Alternative Dispute Resolution?
I spent over thirty years litigating claims and it simply wore me out – physically and mentally. It was my job over that time to fight and try to win for my clients. In the course of that time in…
WHAT DOES A MEDIATOR EXPECT FROM THE PARTIES DURING MEDIATION
The previous blog post focused on what the parties can expect from me as a mediator. This installment focuses on what I expect from the parties to a mediation.
As you might expect, first and foremost I expect the parties…
WHAT TO EXPECT IN A MEDIATION
I am a third party deemed by the parties to be acceptable to attempt to resolve the dispute in issue. My job is to facilitate a discussion between the parties. As a wise mediator once said, “while I may be…
A Mediator’s Biography
My name is Michael S. McKnight and I am a partner in Boyce Law Firm LLP. I have practiced with this firm for over thirty-one years. My practice during that time has focused on employment law related issues.
I have…
The Positive Impact Of ADR And What It Means For Workplace Dispute Resolution
I read an interesting study in the Fall 2017 volume of Conflict Resolution Quarterly entitled “What Difference Does ADR Make: Comparison of ADR and Trial Outcomes in Small Claims Court” by Lorig Charkoudian, Deborah Thompson Eisenberg and Jamie L. Walter.…
Mediating the Employment Dispute
Thirty plus years of handling employment disputes of one form or another has led me to reach several conclusions concerning these disputes and how to best resolve them. While mediation is more of an art than a science and no…