Guided Choice: Restoring the Promise of Mediation

Bob Meynardie Mediation, Mediation Theory Leave a Comment

An earlier post briefly described a new form of dispute resolution called Guided Choice Mediation. That post described the seven core principles of Guided Choice. You can read that post by clicking here. In this post and those that follow we will explore how Guided Choice works and why I believe it has the potential to significantly increase the value …

Bob MeynardieGuided Choice: Restoring the Promise of Mediation

Guide Choice Mediation: Nuts and Bolts

Bob Meynardie Mediation, Mediation Theory Leave a Comment

This post is part of our Guided Choice Mediation series, where we explore what it is, why it improves on traditional mediation, and how it works. Guided Choice Mediation is an evolving process that expands and builds on more common place facilitated settlement conferences. Even a cursory review of Guided Choice principles demonstrates its potential to facilitate early resolution of …

Bob MeynardieGuide Choice Mediation: Nuts and Bolts

Alternatives to Traditional Mediation

Bob Meynardie Mediation, Mediation Theory Leave a Comment

Resolving commercial and construction disputes is expensive. According to one source, 98% of commercial disputes are resolved prior to trial or arbitration. However, most are not resolved until the parties have spent an enormous amount of time, energy, and money on discovery and motions. Even worse, the parties are usually unable to continue a working relationship after this warfare. Fortunately, …

Bob MeynardieAlternatives to Traditional Mediation

The Mediator’s Role In Positional Bargaining – Part 1

Bob Meynardie Mediation Theory

In spite of an acknowledged preference for interest-based “principled” negotiation, I acknowledged in my previous post that every civil mediation eventually becomes a positional battle.  This is largely because virtually every civil litigation is resolved based upon an exchange of money and litigation combatants are rarely seeking to preserve a long-term relationship after resolution. If, in fact, negotiations in mediation …

Bob MeynardieThe Mediator’s Role In Positional Bargaining – Part 1

Is Positional Bargaining Unavoidable?

Bob Meynardie Mediation Theory, Negotiation Leave a Comment

One of the primary tenets of Roger Fisher and William Ury’s book “Getting to Yes” is that negotiations should focus on interests not positions, i.e., avoid positional bargaining.  Positional bargaining takes place when each side takes a position, argues for that position, and reluctantly makes concessions from the opening position.  Fisher & Ury instead contend that wiser and more efficient …

Bob MeynardieIs Positional Bargaining Unavoidable?

Getting to Yes: Focus on Interests Not Positions

Bob Meynardie Mediation Theory Leave a Comment

By far the most often quoted tenet of “the Method” is to avoid positional bargaining and instead focus on the underlying interests of the opposite sides. Fisher & Ury illustrate their point with the story of two people in a library arguing over whether a window should be open or closed. The opposing positions are open on the one hand …

Bob MeynardieGetting to Yes: Focus on Interests Not Positions

Getting to Yes: Separate the People from the Problem

Bob Meynardie Mediation Theory, Negotiation Leave a Comment

The first tenet of what Fisher & Ury call “The Method” is to separate the people from the problem. Although I think I understood their point when I first read the book, over time what stuck with me was the title not the underlying principal. As an advocate and mediator dealing primarily with business disputes, it is tempting to try …

Bob MeynardieGetting to Yes: Separate the People from the Problem

Back To The Basics

Bob Meynardie Mediation Theory, Negotiation Leave a Comment

I have recently been reading a number of relatively new books with claims of a revolutionary new way to approach negotiation. Without exception and without naming names, each new source has been insightful and a new perspective on the negotiation process that every one of us is involved in every day. Almost without exception, however, each new source compares itself …

Bob MeynardieBack To The Basics