Time ArbitrationCalifornia Employment Mediation

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Fred T. Ashley

Time As Part Of the Mediation Process

Mediators generally agree that time is an important factor in the success of a mediation. There is some disagreement, however, as to in which direction the time factor tends to cut.

Some mediators believe that a deadline on the completion of a mediation should be imposed to motivate the parties to respond more expeditiously to proposals.

Other mediators are of the view that establishing a deadline on the completion of the mediation can cause the parties to engage in dysfunctional gamesmanship.
In addition, they emphasize that:

The investment of time by the parties in the process causes them to become committed to seeing it through to a successful outcome; and

it often takes a mediator some time to engineer a resolution of a dispute between recalcitrant parties or attorneys.

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