Center for Creative Mediation
"Your Total Resolution Solution"
At the Center for Creative Mediation, we offer mediation, arbitration, facilitation and training services - we are

your Total Resolution Solution

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The Center for Creative Mediation team use innovative approaches in alternate dispute resolution (ADR) and more than 30 years of problem solving experience to assist in reaching lasting solutions in a wide range of fields including --

Contact us for more information about our services.

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The Creative Mediation Approach

Experienced professionals who rely on years of problem solving expertise make the Center for Creative Mediation a leader in use of alternate dispute resolution techniques to overcome the standoffs, stalemates and deadlocks. Our goal is to guide the participants to reach solutions designed to meet their specific needs and to avoid the pitfalls often encountered in handling disputes.

Mediation is an excellent procedure for resolving disputes by exploring areas for mutual agreement that has many benefits and advantages over usual "win/lose" techniques, especially when guided by trained professionals.

Where a voluntary resolution is not an option, arbitration can provide a prompt and binding decision without costly and time consuming litigation.

Facilitation and training are methods to reduce conflicts within companies and organizations. These processes are also beneficial to setting goals and objectives and to making insightful and effective decisions.

The Center for Creative Mediation, your Total Dispute Resolution Solution, will take care of all the arrangements to handle your mediation, arbitration, facilitation or training locally, or obtain the best resources for your needs from our large network of ADR professionals in the United States and Canada.

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Approach: Mediation

In mediation, the participants engage in collaborative problem solving with the assistance of a skilled third party. The mediator interactively helps the participants arrive at voluntary agreements by providing a structure in which the parties can fully express their viewpoints and their goals. The benefits of mediation include:

  • Win/win approach
  • Rapid resolution
  • Cost effective process
  • Lasting mutual solutions

The mediator does not decide that one side is right and the other is wrong. Rather, all resolutions are made by mutual agreement. Unlike adjudicated disputes, mediation is voluntary; participants can freely withdraw if they feel that the process will lead to an unjust or unreasonable result.

The Center for Creative Mediation, your Total Resolution Solution, has experienced and skillful mediators who will work with you to explore the options available and guide you through the mediation process.

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Approach: Arbitration

The Center for Creative Mediation, your Total Resolution Solution, has experienced, impartial arbitrators to resolve disputes where voluntary mediation is impractical.

Arbitration has a similar structure as a court hearing, but is less formal. The arbitrator is a neutral who hears the evidence, witnesses, experts and presentations of each side and makes a decision on the issues submitted. During the hearing, the parties can present their own cases or be represented by legal professionals.

Arbitration is typically less burdensome than the drawn-out procedures associated with litigation. Because the processes are streamlined, arbitrations move faster and are more cost effective than judicial proceedings.

Arbitrations are normally less contentious than court litigation and are therefore better at preserving relationships. This is often crucial for businesses, unions, non-profit organizations, and governments, as well as for individuals. And, unlike court proceedings, arbitrations do not become a matter of public record, so where confidentiality is critical, arbitration offers a significant advantage over litigation.

A key benefit of arbitration is that it results in a binding decision that cannot be challenged in court, except in rare instances. Unlike court cases, arbitration decisions are final and not appealable, so they do not become jumping off points for years of additional litigation.

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Approach: Facilitation

Facilitation is a process in which a neutral person helps a group work together more effectively. Facilitators work within an organization or with participants from different organizations. The facilitator's job is to lead the group process; to help them improve how they communicate, explore issues, solve problems and make decisions.

Facilitation has been proven effective in organizations that need to engage in activities that require collaboration and teamwork, such as --

  • Mission formulation
  • Strategic planning
  • Program prioritization
  • Restructuring

In fact, facilitation can be beneficial whenever an organization needs to focus on issues that require fresh, innovative and positive group dynamics.

Facilitators from the Center for Creative Mediation, your Total Resolution Solution, help groups stay on track and be more creative, efficient and productive than they would be without our efforts.

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Approach: Training

Many people feel that conflict resolution should be a required course in all our schools. Until that time, the Center for Creative Mediation, your Total Resolution Solution, can provide comprehensive dispute resolution training or design seminars to address specialized situations. We conduct courses for groups of all sizes.

The Center for Creative Mediation training modules are valuable for any organization. Interactive presentations include such topics as --

  • Creating "win/win" situations
  • Responding positively to conflicts
  • Controlling anger and emotions
  • Enhancing empathy and understanding
  • Being assertive without blaming
  • Fostering positive group dynamics
  • Visualizing alternatives
  • Engaging in effective negotiations

We will also prepare specialized programs to meet your organization's unique training needs.

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Issues and Answers: Employment

Employment relations involve hundreds, if not thousands of personal interactions each day. It is not surprising that some of those interactions give rise to disputes. Left alone, these disputes can fester and intensify, causing tension in the workplace, which affects productivity and job satisfaction.

Mediation is the method of choice in resolving these disputes because it builds strong, lasting solutions and fosters improved ongoing relationships.

Mediation can lead the way to resolution in many different types of disputes including --

  • Harassment
  • discrimination
  • interpersonal conflicts
  • legal claims
  • dysfunctional teams
  • supervisory difficulties
  • cultural diversity

Mediation encourages those involved to seek and develop solutions they can live with. Mediation can produce satisfactory settlements and creative remedies that go beyond traditional legal boundaries, even where the parties are already in litigation.

The Center for Creative Mediation, your Total Resolution Solution, can design systems to establish mediation as an alternative route to address conflicts in your organization. We also offer group facilitation and training to build a culture to resolve disputes before they grow into major disruptions.

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Issues and Answers: Public, Community and Governmental Issues

Destructive power struggles damage people, families, and communities. There is a better alternative. Conflicts involving schools, environment, government rulemaking, police, development, civil and human rights and other important matters can be constructively addressed through multi-party mediation. At the Center for Creative Mediation, your Total Resolution Solution, we help identify all those who have a stake in the outcome. Through consensus building, facilitated discussions and other means, we bring together diverse interests to foster mutual understanding and respect, leading to innovative solutions that have the real support of everyone involved, in areas such as --

  • Environment
  • Education
  • Land Use
  • Economic Development
  • Community Values

The Center for Creative Mediation inititally provides a comprehensive assessment of the possibilities of using dispute resolution approaches to resolve public conflicts. Then, we convene and guide the process to achieve the greatest amount of participation and to cultivate broad based support for the solutions reached.

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Issues and Answers: Corporations and Business Entities

It is a challenge to keep an active organization functioning on track. Sometimes those who do the nuts and bolts work don't have the skills needed to direct and manage their work productively. Managers who do have those skills may have barriers to effective communications within their own units. The very knowledge and ideas needed to excel are often contained within an existing group, but are sometimes inaccessible due to an assortment of possible issues.

The Center for Creative Mediation, your Total Resolution Solution, can help bring out the full resources and ingenuity of employees and managers by facilitating key discussions. concerning --

  • Mission Formulation
  • Strategic Planning
  • Resource Allocation
  • Program Prioritization
  • Idea Building
  • Positive Group Dynamics

Mediation is also useful to prevent disruptions caused by disputes. Whether the dispute involves employment agreements, intellectual property, compensation, working relations, discrimination, workplace harassment or other ongoing issues, the Center for Creative Mediation can help all involved to achieve their legitimate expectations without leaving the aftermath of acrimony, mistrust or resentment. Everyone enjoys the benefits of an energized workplace and a more productive work environment.

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Issues and Answers: Nonprofit and Public Interest Groups

Nonprofit and public interest organizations often have special problems. Their missions are generally broad in scope, while the resources to carry out their programs are frequently scarce. Board members from different constituencies and backgrounds sometimes have considerable variations in their views and approaches. The organization's staff members may have their own agendas, they may be skilled in some areas and not others or they may have distinct allegiances. Finally, there may be conflicting demands from the constituencies served.

The Center for Creative Mediation, your Total Resolution Solution, can assist organizations to identify and bring out the best programs and to use their full resources by facilitating vital discussions concerning --

  • Vision and Mission Statements
  • Strategic Planning
  • Resource Prioritization
  • Positive Working Dynamics

Many organizations shy away from full discussions of their important issues because they have had prior bad experiences or they fear they will uncover divisions within the group. By using innovative techniques, the Center for Creative Mediation can help avoid the pitfalls and obstacles that are often encountered in these discussions. By achieving consensus on important issues, the full potential of the group can be unleashed.

Mediation can be useful to contain the disruptions caused by disputes within the group on issues involving employment terms, working relations, discrimination, harassment and other issues, before they cause irreparable damage or poison the work environment, without leaving the deep divisions cause by mistrust or resentment.

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Issues and Answers: Higher Education

Colleges and universities are a vital part of our society involving multifaceted interactions among faculty, administration, staffs, students, government, nonprofit organizations and the private sector within the institution and the local, national and international communities. While these relationships and interactions enable the tremendous potential contained in higher education, they also provide a fertile ground for conflict.

Effectively resolving problems as they arise is key to providing the best academic learning, teaching and research experience. Constructive dispute resolution helps create productive conditions for students, faculty and the community at large. By addressing destructive conflict promptly, a school can minimize issues that detract from its mission and may damage its image. Mediated settlements are able to address legal issues and other important concerns that may not be susceptible to judicial resolution and help the institution avoid unnecessary and alarmingly high legal costs.

Mediation can be an effective tool to resolve disputes involving promotion, tenure, discrimination, interpersonal conflicts, resource allocation, wages, benefits, academic freedom and student grievances, among others.

The Center for Creative Mediation has the right solution for higher education conflicts. With over 25 years of experience in addressing disputes at research universities, state and local colleges, institutes of technology and community colleges, we can help develop solutions that work.

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Issues and Answers: Union-Management Labor Relations

Resolving union-management disputes takes specialized skill. An arbitrator or mediator must be proficient at applying the rules of interpretations of collective bargaining agreements. Similarly, the arbitrator or mediator must understand how the industry and operations work, both from the perspective of the employer and the perspective of the union. Hearings and sessions have to be conducted so that all parties can be fully heard without regard to education or status and so that there is a level playing field. Decisions must be well explained and plainly written. And, the dispute must be fairly decided based upon the evidence and law. Some grievances can be properly resolved by finding a middle ground that is a solution for both sides, while others require a definitive interpretation or ruling. We have expertise in guiding the parties on --

  • Collective bargaining issues
  • Grievances
  • Joint Labor Management Teams
  • Effective Communications

At The Center for Creative Mediation, your Total Resolution, Solution, we have the knowledge, skills and experience to mediate or arbitrate even the toughest labor disputes involving employees and employers at all levels - blue collar, white collar, professional, private sector, and public sector.

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Issues and Answers: Property, Land and Estates; Contracts and Agreements

Most people don't go looking for disputes with family, neighbors or business contacts. However, conflicts often arise through the events of daily life -- a neighbor's home based business suddenly creates a constant stream of visitors; children or pets disturb some residents' peace at a condo; family members can't agree on sharing property left to them jointly; a question arises over whether a home renovation company has finished a project; a contract is ambiguous about whether the delivery charges for new furniture are included in the purchase price. For these disputes, litigation may not be a possible or desirable option. Often, both sides want to resolve the problem, but help is needed to come up with creative, mutually satisfactory solutions. We help to --

  • Define the issues
  • Explore the problems and difficulties
  • Generate alternatives
  • Evaluate the best options
  • Reach agreement

At the Center for Creative Mediation, your Total Resolution Solution, we are experienced at guiding the participants towards effective resolutions that are speedy and cost effective and, where desired, that preserve the good will and long term relationships.

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The Creative Mediation Team

Resources

The Center for Creative Mediation, your Total Dispute Resolution Solution, has access to the best resources for your mediation, arbitration, facilitation or training needs from our large network of ADR professionals in the United States and Canada.

Director

Paul Schachter (Juris Doctor 1974) has extensive training in conflict resolution, mediation theory, skills development and ADR methods from the Harvard Program on Negotiation, the Justice Institute Centre for Dispute Resolution (B.C.) and other institutions.

 

 

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PAUL SCHACHTER, J.D.

Paul Schachter

Education and Training

Mediation
Program on Negotiation, Harvard University
Conflict Resolution Program, Justice Institute, BC

Law School
Rutgers Law School - Newark (Juris Doctor 1974)

Undergraduate
Massachusetts Institute of Technology

Positions

2000 - presentDirector, Center for Creative Mediation
1982 - 2004 Managing Partner, Reinhardt & Schachter, P.C.
1980 - 1982 Director, Labor Law Clinic, Rutgers Law School
1975 - 1980 Counsel and Assistant to the President, New York Hotel & Motel Trades Council
1975 - 1977 Partner, Escribano & Carreras
1975Coordinator, Puerto Rico Labor Law Project
1974 - 1975Associate, Law firm of David Scribner

Mediation Panels

U.S. District Court, District of New Jersey
U.S. Equal Employment Opportunity Commission

Associations

Association For Conflict Resolution (U.S.)
Member, Conflict Resolution Network - Canada

Bar Admissions

1975State of New York
1976Commonwealth of Puerto Rico
1976United States Court of Appeals for the First Circuit
1976United States District Court for the District of Puerto Rico
1980United States Special Railroad Reorganization Court
1981State of New Jersey
1981United States Court of Appeals for the District of Columbia Circuit
1981United States Court of Appeals for the Second Circuit
1981United States Court of Appeals for the Third Circuit
1981United States District Court for the District of New Jersey
1981United States District Court for the Southern District of New York
1983Supreme Court, United States of America
1983United States District Court for the Eastern District of New York
1995United States Court of Appeals for the Federal Circuit

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Center for Creative Mediation
"Your Total Resolution Solution"
Contact the

Center for Creative Mediation

Phone

877-483-4282 (toll-free in North America)
604-483-4282
604-483-4907 (fax)

E-Mail

General Information: info@creativemediation.com
Paul Schachter: paul@creativemediation.com

Postal Mail in Canada

Center for Creative Mediation
C77 Malaspina Rd RR2
Powell River, BC V8A 4Z3

Postal Mail in United States

c/o Levy Ratner, P.C.
80 Eighth Avenue, 8th Floor
New York, NY 10014-5126



All original material © 2007 Center for Creative Mediation

Language note - Although the Center for Creative Mediation operates in the United States and Canada, only U.S. spelling conventions and English have been used in this site. We thank our Canadian clients for their understanding on this issue.