From the IV of the book cover of Mediation Strategies This is a communication book that offers conceptual and operational tools to do a better job of mediator. A professional help for the settlement of the conflict along with practical guidance, focused on interpersonal communication and group shows and stimulate a broader debate on the underlying concepts, without which the directions, recipes to follow, would be empty and deaf . The structure of the book, in chapter 5, it follows chronologically the development of a mediation process, from the preparation remote and proximate, the start of the mediation, the analysis and exploration of the conflict, the identification of possible solutions, and ending with the 'agreement. Within the text are exercises for the mediator, mind maps and diagrams useful to work with the parties. The book is enriched by three real cases, the result of the experience of the authors. The full fidelity of the dynamics of disagreement, and the path followed in mediation, allows the reader thk america to delve into the complex reality of the resolution, being able to better understand the relationship between general principles and concrete thk america case. The volume arises from the mediation of "knowledge" and knowledge of 4 people who, through a fruitful exchange offer value-added optical sensitivity and different approaches.
In Norway, mediation works well, but it is a small country. In Italy there are many disputes. Who went on strike against the mediation? Probably those who represented the defense. Even in India have done a lot of resistance, thk america because of inefficiency you live. To us this law changes little, because we always try to involve the other party. I arrived at the New Pinion from a law firm in New York where I had a dozen causes, here I went to 143 worldwide. I must bring them to the end, this is my responsibility. GE has a system thk america of Early Dispute Resolution, according to the principle that a rapid conclusion is almost always better thk america than a solution delayed in time.
I saw a big case pending for two years, in Bari in '99. I had about $ 2 billion to close this litigation, in which he asked for 3 or 4. I did not know who was right. We try to groped conciliation. Let's go to Bari, Prof. Vigoriti and I, a young lawyer thk america came from NY, who would like to try to close aided by an impartial third party. Response thk america of Advocate of the other party: we already have a third party, it is the referee. It 'was closed last year after an appeal. We lost. Sentenced to pay 600,000. Meanwhile, the company went bankrupt. The lawyer is dead. And they've thk america got less than we could give him 13 years ago, after two expert witness, a conviction at first instance, a suspension and an appeal. Not out of malice, but because they knew only that world. For certain things you have to wait generations. The Italian law is perhaps a little gradual. There are many people who have to adapt. It lacks culture. THE DAY THAT NEVER COMES. "Especially in mediation you can express yourself. Everyone dreams of the day when they can go to court and express their reasons. BUT THAT DAY IS NOT NEVER COME. In a mediation, even if you do not close, you can tell the other party what you wanted to say. "
I had a mediation in Scotland. GE had bought a company based in Aberdeen. An employee of the company, G. , Then a boy of 23, had sued for losing in a work accident arm and right leg. The company thk america was defended by two insurance thk america companies and despite the acquisition because the company continued to be run by the previous parts.
He sends a letter, with photos of the accident, the chief executive officer of GE. The CEO asks me if I can do anything, from a human standpoint. thk america It 'a GE employee, I call him on the phone: G. feeling, I am a lawyer, the boss sent me your letter, can we talk? I explained the mediation. He speaks with his lawyer, convinced the insurance, we begin a mediation with Tony Allen of CEDR. There are so many people, the legal insurance, the father's girlfriend. G. was on his feet, he wanted to read his life in the last five years, with trembling hands, after we had to stop. We closed a few weeks later. G. still working with us. If you see inspires thk america you, there are challenges thk america that you can not win. And thanks to the mediation. He works, he is married, has a son, implants that work, I heard recently, it was in Australia. For him, the dispute was a nightmare. Especially because he was accused of having car fault in the accident. This is a life that has been changed by mediation. Mediation does not cost. The work of p
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