A tv show on Bravo, Untying the Knot, as reported by Art Hinshaw on ADR Prof Blog:
"Obviously having the mediator “determine a fair division of assets” doesn’t sound like mediation; Ms. Ziegler is engaging in early neutral evaluation (ENE). But ENE has gone the way of Betamax and is so confused with mediation that it’s not worth the time to fight it. In fact, I’ve seen and heard of many well respected mediators engage in such behavior. So, let’s hope that this practice does not become what the public expects from divorce mediation, as this clearly limits the good that mediation can do in divorce. Nevertheless, clips of the show are going to be great for class this fall when we discuss facilitative and evaluative mediation styles."
Negotiation, mediation, arbitration, and other processes of dispute resolution.
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Saturday, July 12, 2014
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