In my mediation practice I have found that cases are much more likely to settle when the parties approach the process collaboratively. For many advocates, their role in the opening session is to soften the other side. This generally means some version of a toned down jury argument. These statements
INSIGHTS, DISCUSSION, FORMS AND OTHER RESOURCES RELATED TO ARBITRATION, MEDIATION, AND NEGOTIATION OF DISPUTES
About This Site
Carolina Mediations is a website maintained by Bob Meynardie, a DRC-certified civil case mediator and ardent student of mediation and negotiation technique. Mr. Meynardie is a founding member of the North Carolina commercial litigation law firm of Meynardie & Nanney, PLLC where his practice is centered on business divorce, employee defection, and commercial construction litigation.
The website is intended to encourage good advocacy in negotiation (whether in mediation or otherwise). We believe good negotiation and mediation advocacy skills differ significantly from those we use to advocate before a judge or jury. To some lesser extent advocacy in arbitration likewise differs from the advocacy skills most lawyers use in a courtroom. We believe that recognition of the differences is the most important step toward an improvement of outcomes in all forms of alternative dispute resolution. We do not have all the answers but this recognition is also important in the growth of our skills.
After several hundred negotiations, mediations, and arbitrations we have discovered a lot of important questions, a few of the answers, and created this website to inspire a dialogue in the hope that we can help our clients and yours reach better resolutions. The website is currently centered on our ADR blog and resource pages for specific forms, rules, and reading materials but we hope to create an interactive forum soon. In the meantime, if you have something to share add a comment or better yet send us a guest blog post. We also would not object if this page inspires you to seek our services as a neutral to help you resolve your disputes.
Latest From Our Blog
Any article on winning must start by defining the term. Unlike most of what we do as litigators, mediation never results in an absolute “win.” Some settlements feel more like wins than others and settlement alone is not the right judge of win or loss. With motions, trial, or arbitration
In my experience, apologies in business or civil litigation mediation are the exception not the rule. There may be good reasons for this but you should never underestimate the potential of a good apology for reaching a resolution. Amongst the recent revelations coming from #MeToo the story of Dan
Benjamin Franklin is credited with saying that “Necessity never made a good bargain!” In his wonderful book, Practical Negotiating, Tom Gosselin contends that “In negotiating, power is a function of alternatives.” Gosselin is right, of course, and hopefully a discussion of alternatives brings to mind Ury & Fisher’s BATNA
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
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