Increasing Referrals to Small Claims Mediation Programs
Guest writer Heather Scheiwe Kulp, Harvard Negotiation & Mediation Clinical Program at Harvard Law School
My favorite part of new mediator training is watching the attendees discover the potential value of mediation. They nod knowingly when they realize how brainstorming creative options based on parties’ real interests may change the dynamic of winner-takes-all, money-is-everything court battles.
Eager new mediators crave experience, not only for its own sake, but also so they can use their skills to serve people in conflict. One of the most common venues for new mediators to gain such experience is small claims court. Litigants, often without attorneys and seeking what the court deems as minimal claims, are referred to these mediators, given a certain period to resolve the dispute, then sent back to court for a trial if the dispute cannot be resolved in mediation.
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Some of the topics in today's episode:
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Rage is a word that describes a strong emotion that sometimes evolves when we are in conflict. It is not necessarily an immediate reaction. Rather, it is one that often signals an escalation of feelings such as anger and hurt about a person and/or an issue. The build-up erupts into a state of being furious, incensed, and out of control of our words, thoughts, and emotions.
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