Collaborative Practice Mediation: Are We Ready to Serve this Emerging Market

Chrisman, P. Oswin, Cox, Gay G. & Novotna, Petra

Journal: Pepperdine Dispute Resolution Law Journal

Volume: 6

Year: 2006

Bluebook Citation: 6 PEPP. DISP. RESOL. L.J. (2006)

Author: Gay G. Cox: all 3 publications


Abstract

Collaborative Practice (also known as Collaborative Law) is fast becoming a viable alternative to litigation internationally. When needed to overcome an impasse, collaborative professionals engage mediators and, in some cases when the issue is limited, they involve arbitrators. In order to serve as the neutral ADR provider in such matters one needs to demonstrate an understanding of the process. For a collaborative team to select a third party neutral facilitator in whom they will have confidence, they will want to know that the mediator has received training in interest-based negotiation and preferably in Collaborative Practice itself.

They will be looking for people skilled in managing joint meetings effectively, where all the parties to the dispute can meet face-to-face.

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