HNLR Online Article, Lead Article, Mediation

Power Imbalances in Mediation: A student note by Amrita Narine

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By Amrita Narine* In recent years, mediation has become increasingly popular and now represents a viable option for parties in a variety of scenarios. Despite its rising popularity, mediation has received mixed responses because of the potential to entrench preexisting power imbalances. This paper will explore the usefulness of mediation when dealing with an imbalanced power dynamic. In part I, this paper will focus on defining power within mediation. Part II will explore the critiques […]

ADR, HNLR Online Article, Mediation

Making Settlements Stick: How to Encourage Compliance with Mediated Agreements

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By Stephanie Singer Even though mediated settlements often have the force of law behind them, no party wants to have to go to court or return to the negotiating table to enforce an agreement.There are a number of steps a mediator can take to encourage parties to honor their commitments, both during the mediation session and in the structure of the resulting agreement. Emphasize the Parties’ Relationship Parties are more likely to comply with an

ADR, HNLR Online Article, Mediation

U.S. Corporations Should Implement In-House Mediation Programs Into Their Business Plans To Resolve Disputes

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“We decided that we wanted to regain control of our money, of our documents, of our reputation and of our time,” said Andrew Byers, overseer of The Toro Company’s mediation program, regarding why The Toro Company of Bloomington, MN implemented a mediation program to settle their in-house and customer disputes as an alternative to litigation. [1] According to professional mediator Michael Roberts: “We are in the midst of a litigation crisis. The high cost and

ADR, Conflict Management, HNLR Online Article, Mediation

Using Mediation to Resolve Disputes Between U.S. Military Bases and Foreign Hosts: A Case Study in Japan

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The U.S. military presence in Japan has provided great stability in a region of uncertainty. In recent years, the importance of the U.S. military in Asia has been underscored by continuing volatility in North Korea, the growth of terrorist organizations and pirates, and expanded human trafficking.[1] A continued relationship between the Japanese and the U.S. military is vital to regional stability, the protection of maritime commerce routes, and the countering of proliferation of weapons of

ADR, Arbitration, Collaborative Law, HNLR Online Article, Mediation

Junctions Along the ADR Spectrum

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As ADR practitioners get out and educate the public about the various alternative dispute resolution processes, we frequently hear some of the same questions asked. People want to know the differences between this approach and that one, between what I do and what other lawyers do, between facilitative and evaluative mediation styles.  In order to best help our clients, we need to be able to successfully and clearly answer their questions. What’s the difference between

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