Mediators and other alternative dispute resolution professionals have all encountered complex, high-conflict cases that appear to be headed for the courts, destined be tied up in litigation (and debt) for years. Neutral professionals of all disciplines are ever-hopeful that we can help these clients avoid this painful process, and need to utilize creativity and work with professionals of different disciplines to assist clients in making their own agreements.
In this workshop, three mediators – an attorney, a psychologist and a financial neutral – present and discuss cases that narrowly avoided litigation through creative thinking and flexible approaches. We will present a few of these cases, as well as a few that ended up in court, and identify successful (and less successful) strategies. We will also present warning signs for inappropriateness for mediation and discuss the mindset of the mediator to help discern when to let go and when to press on.
Learning Objectives:
Participants will learn:
- How to determine, based on objective criteria, whether a case is appropriate for co-mediation.
- A variety of ways that professionals of different disciplines (e.g., attorneys, mental health professionals and financials) can work together to effectively help clients contain their volatility and make productive agreements.
- How to screen for cases that are not appropriate for mediation or co-mediation.