The Taming of the Feud Issue 3 | Best Practices for Success: Statement of the Case
One reason mediations fail is lack of preparation. There’s a vast advantage to the mediation process when all of the participants — mediator, attorneys, resource people, and clients — are fully prepared for the mediation day. Mediators are trained to call all the professionals well before the mediation date to discuss expectations, process, and preparation.…
Read MoreThe Taming of the Feud Issue 2 | Best Practices for Success: Positive Attitude
Attorney advocates to a mediation can and should play a critical role in getting their clients great results from their mediations. As the mediator and dedicated neutral in the exchange, it is easy for me to identify the very best lawyering during the mediation. However, it has been my experience that some lawyers do not…
Read MoreThe Taming of the Feud Issue 1 | Best practices for Success: Voluntary Mediation
It is somewhat amazing to me how many different ways there are to approach mediation, both from the standpoint of the mediator and the standpoint of the attorneys and participants. Some methods are very successful and some are just downright awful. One thing I’ve seen consistently is that the most essential part of successful mediation…
Read MoreCan Mediation Help Partnership Communication Problems?
Dear Ms. Allison: I am so frustrated with my business partner. He got the business as part of a divorce settlement, so I think there’s “baggage” that enters the picture. Every time we disagree, he immediately gets defensive. His approach to communication about problems is to get louder and louder. He talks over me so…
Read MoreMediation When Siblings Distrust Each other to Manage a Trust
Dear Ms. Allison: My sister is the Trustee to my parents’ living trust. My brothers and I do not believe she will fairly divide the assets between all of us. She didn’t handle his life insurance right when my father died, and let it lapse. So why would she do things right when mother goes?…
Read MoreMediating Succession Planning Ices the Cake
Flawed, unwritten, or unclear Succession Plans are often behind a business’ failure to thrive when it moves to the next generation of leadership. A mediator adds value in a Business Succession Planning process. Why? Both to clearly outline the leadership of its future and to assure processes are in place to handle unexpected change once…
Read MoreFamily Battles: To Nursing Home or Not to Nursing Home?
Dear Ms. Allison: My family is in a daily battle over my dad’s care. He has Alzheimer’s with anxiety, high blood pressure, and diabetes. He wanders and can’t tell if it’s daytime or nighttime. He also won’t eat properly, falls often and is twice Mom’s size. My mother gives constant attention on him but cannot…
Read MoreWhat estate disputes can be mediated?
Dear Ms. Allison: What sorts of things can be mediated in a Will Contest or other estate dispute? Lily Rose, Western Oklahoma Dear Lily Rose:An estate dispute (anything involving an inheritance whether with a Will or from no planning) generally happens after the death of a family member or loved one. Occasionally, a dispute arises…
Read MoreCan we mediate our estate planning to choose the executor for our estate?
Dear Mrs. Allison: My wife and I got into it because we each wanted to name a different child as our executor. Then she brought it up at a dinner party, so neighbors and our siblings began weighing in. Now, since it’s been overheard and commented on by the neighbors’ adult kids and our kids’…
Read MoreWhat does mediating a customer dispute with a business do?
Dear Ms. Allison: I have a dispute with a company. I keep trying to resolve it but think I am getting “the run around”. Things keep dragging out, on and on, but there is a time limit for me to take action and I have become suspicious that they are taking advantage of me by…
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