Critical Attributes of Neutral: Quote #3

In my role as a litigator, and generally in my personal life, I have certainly been guilty of this. As a neutral, however, my default is to talk less and listen more. I cannot help the parties move towards resolution unless I first understand the issues from each party’s perspective and find ways to facilitate a mutual understanding between them. While I don't have to think twice about this in mediation, sometimes it is as though a switch turns off in my brain when I’m faced with certain types of conflict in my personal life. I am curious—how many trained conflict resolution professionals feel the same way? You have no trouble focusing on listening and understanding at work, but in your personal life, you sometimes default to listening with the intent to reply? For me, identifying my triggers and consciously working on reconditioning my reactions is a good lesson and reminder that people respond differently when confronted with different types of conflict.

Mediation, ADRRachel GuptaJanuary 25, 2021ADR, mediation, womeninlaw, online mediation

Critical Attributes of a Neutral: Quote #2

As a mediator, I encourage parties to keep an open-mind and to try and think about the issues in dispute from their adversary’s perspective. The goal being to have them realize that the issues aren’t as black and white (or right and wrong) as they would like to think. This enables the parties to move away from their posturing and start considering available solutions. But when one party simply won’t budge and refuses to see their adversary’s strengths and/or is blind to their own weaknesses, there is only so much a mediator can do, regardless of her talent. If one party can only see one right outcome, that often leaves little room for a negotiated agreement unless the other party agrees to bend to the will of the stubborn.

ADR, MediationRachel GuptaJanuary 22, 2021mediation, online mediation

How to Prepare for Online Mediation: A Guide for Lawyers

With more business disputes expected to arise in the aftermath of this pandemic, the courts more backlogged than ever, and jury trials unlikely for the foreseeable future, online mediation has quickly become an essential part of dispute resolution. But the uncertainty around how the process works can make many party representatives, and even some outside counsel, uncomfortable going down this road. This guide will help you prepare your clients for a successful online mediation.