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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 dealing with expectations and the possibility of impasse and how to deal with it. The…
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 why they want what they want. Ascertaining those interests is the job of the mediator…
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 use we could imagine at the time for mediation. Resolving disputes that are within the…
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 an adversarial system I witnessed first hand how an adversarial system negatively impacts all involved…
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 to be honest with themselves and with me during the process. This applies to any…
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 been blessed with many professional accomplishments but several standout in my mind. I am an…
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. This study was the first to compare litigants that participated in ADR to an equivalent…
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 one thing will guarantee success at a mediation, there are a few things to consider…
