What Makes a Good Mediator?

What are the desirable traits of a mediator?  I reviewed five articles on the topic and came up with five characteristics.  Although people use different words, the concepts are fairly consistent from survey to survey. *  “Humanity” encompasses some characteristics… Continue Reading

Too much mediation? Try a civil conversation first.

Elden Rosenthal was spot-on in his article Second Thoughts on Mediation, A Trial Lawyer’s View. Mediation is not appropriate or necessary for every case. Mandatory mediation contravenes the most fundamental principle of mediation: self-determination regarding what process to use to… Continue Reading

Oregon’s Foreclosure Mediation Law

Oregon’s Legislative Assembly passed a law to requiring mediation for the purpose of negotiating “foreclosure avoidance measures.” If Governor Kitzhaber signs the law, then SB 1552, kicks in 90 days later. This post answers some of the frequently asked questions.… Continue Reading

When Impasse Occurs, Normalize it for the Parties.

Last Friday, I enjoyed an all-day mediation training entitled, Impasse-Breaking and Ethics: Tips, Tricks, Traps and Tools, by Sam Imperati. Sam used his playful demeanor to keep us engaged while he worked through his points. He made many points, too… Continue Reading