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Dispute Resolution and Arbitration

University of Cincinnati College of Law

Faculty Articles and Other Publications

Series

Mediator

Publication Year

Articles 1 - 3 of 3

Full-Text Articles in Law

Getting A Head Start: More Intake Questions And Tips For Mediators, Marjorie Corman Aaron Nov 2002

Getting A Head Start: More Intake Questions And Tips For Mediators, Marjorie Corman Aaron

Faculty Articles and Other Publications

A party's initial inquiry to a mediator about potentially participating in a case provides many opportunities for the neutral to initiate the steps necessary for a successful resolution. This article focuses on a list of intake questions for the mediator to direct to the parties.


At First Glance: Maximizing The Mediator‘S Initial Contact, Marjorie Corman Aaron Oct 2002

At First Glance: Maximizing The Mediator‘S Initial Contact, Marjorie Corman Aaron

Faculty Articles and Other Publications

First moves matter. A mediator’s strategic choices during the initial contact can encourage the next steps that will produce a successful mediation, or render mediation less likely or less productive.


Adr Toolbox: The Highwire Art Of Evaluation, Marjorie Corman Aaron May 1996

Adr Toolbox: The Highwire Art Of Evaluation, Marjorie Corman Aaron

Faculty Articles and Other Publications

Many mediators are uncomfortable with the idea of discussing or presenting evaluations. However, when parties reach an impasse, they often want the mediator to play an active role. In these cases, responsible use of evaluation is completely consistent with the goals of mediation. Mediators should provide an evaluation only if there is an insurmountable settlement gap that arises from the parties’ widely divergent views of what will happen if the case doesn’t settle. Evaluation is not a substitute for other essential mediation tools. It is a last step, but in many cases skipping that step means missing the sole opportunity …