
Negotiating the Impossible
I was recently introduced to “Negotiating the Impossible: How to Break Deadlocks and Resolve Ugly Conflicts (Without Money or Muscle)” by Deepak Malhotra. Professor Malhotra is the Eli Goldston Professor
Traditional claim resolution is very expensive and very inefficient. Alternatives like mediation, collaborative law, neutral evaluations, and arbitration can streamline the path to resolution. The skills and strategies necessary to reach successful resolution in these alternative forum differ from litigation. Bob Meynardie, a dispute advocate for individuals and business clients for almost three decades and a neutral for more than twenty years, created this website to explore those differences and examine some of the more (and less) successful strategies.
The main feature of this site is the blog, where you will find articles centered on Bob’s passion: helping parties and their representatives improve outcomes through better advocacy. Bob is primarily a facilitative neutral but incorporates elements of evaluative and narrative mediation when appropriate.
If the idea that there are different models of mediation is new to you, you’re in the right place. Recent articles have focused on a discipline called “narrative mediation” and a process referred to as “Guided Choice Mediation.”
Mediation is a conference or series of conferences between disputing parties guided by a trained neutral. Bob Meynardie is a trained facilitative mediator with more than 20 years experience helping parties resolve conflicts. Although primarily a facilitator, Mr. Meynardie incorporates elements of evaluative and narrative mediation in his practice.Mr. Meynardie is also an experienced "Guided Choice" Mediator. In GC Mediation, the neutral guides the parties in creating an individualized process for mediation.
Arbitration is a procedure in which the parties agree to be bound by the decision of a neutral decision-maker. Arbitration usually provides a faster and more binding resolution than litigation and provides more finality as the awards are subject to fewer appeal rights. Bob Meynardie is a member of the AAA's Commercial and Construction Arbitraition Panels and offers neutral services in private (self-administered) arbitrations. His experience includes commercial, construction, and international arbitrations.
Neutral Evaluation is a process where the parties submit evidence to a neutral who provides a non-binding opinion on the merits of the claim. The process can range in complexity from an analysis of the legal merits of a case to a full presentation of evidence in a mock trial. Mr. Meynardie has served as a neutral evaluator in complex commercial and construction cases.
Collaborative Law is an alternative to litigation or arbitration where the disputing parties engage trained collaborative lawyers who design a streamlined process for the exchange of information necessary to reach an informed decision on settlement. The process avoids the high cost of full discovery and ensures that the interests of the client and collaborative lawyer are aligned. Mr. Meynardie is a trained civil collaborative lawyer.
Bob Meynardie is a business and construction trial lawyer with 30 years experience as an advocate for businesses and individuals in civil court and arbitration.
Since 2000, Bob has been a certified mediator and a sought after neutral. Bob joined AAA’s Arbitration and Mediation Panels for Commercial and Construction cases in 2010. This website is an outgrowth of Bob’s continuing study of the art and science of negotiation and a belief that improving outcomes in alternative dispute resolution can be achieved by better advocacy.
I was recently introduced to “Negotiating the Impossible: How to Break Deadlocks and Resolve Ugly Conflicts (Without Money or Muscle)” by Deepak Malhotra. Professor Malhotra is the Eli Goldston Professor
Read the highlights of AAA’s new commercial arbitration rules. They became effective September 1st.
Silence can be an effective negotiating tool. Here is how!
I’m an honest negotiator. You’re an honest negotiator.
Mediation can be defined as a difficult conversation. Here are some valuable tips for having a difficult conversation from an executive leadership coach.
Article on the differences between evaluative and facilitative mediation. Is there a difference?
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