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Alternative Dispute Resolution

Jan. 5, 2010

Mediator, Know Thyself

Marco Turk of Cal State Dominguez Hills says a mediator's approach can run the gamut from facilitative to evaluative to directive when assisting clients.

A. Marco Turk

Emeritus Professor, CSU Dominguez Hills

Email: amarcoturk.commentary@gmail.com

A. Marco Turk is a contributing writer, professor emeritus and former director of the Negotiation, Conflict Resolution and Peacebuilding program at CSU Dominguez Hills, and currently adjunct professor of law, Straus Institute for Dispute Resolution, Pepperdine University Caruso School of Law.

My last column generated some responses that I think may be of interest to readers. It seems that my point concerning a lawyer's response when asked by the mediator what the client's confidential "bottom line" is in connection with the effort to strategize for a satisfactory resolution, hit a nerve.

On the one hand, it was asserted that asking such a question is "highly unskillful" because "the mediator is taking on way too much power" in attempting to get information in connectio...

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