Even the strongest liability claims in arbitration can be derailed by inadequate proof of damages. This article explores some possible reasons even good lawyers may “fall flat” in their damages presentation and provides tips for avoiding this pitfall.
Anyone who has mediated even a few disputes is likely to have experienced the magic in mediation, and would very much like to do so again. Kenneth Cloke, "The Magic in Mediation" Needless to say, there is no actual magic to mediation; though I am often told after one party or the other takes an impossible position to “go do my magic.” In my experience, mediation sometimes feels like magic because we find a solution that has previously alluded the parties and their counsel. So, what is it that allows parties to find an acceptable settlement in mediation that could not be reached without it? In some mediations, I think the neutral plays a small part in the outcome and in others a much more significant role. An experienced mediator brings real value to the negotiation but ultimately the negotiation and its outcome belong to the parties. The Value
Learning to give and receive feedback is a valuable tool for negotiators. How defensive are you?
The article provides some valuable tips to avoid impasse in mediation and achieve resolution.
A recent study suggests that making multiple equivalent simultaneous offers leads to better outcomes in business negotiations.
Read about a new study that demonstrates the benefits of mediation regardless of outcome.
Can Ted Lasso make you a better negotiator? This post provides a lesson on the importance of being curious. Genuine curiosity will make you a better negotiator.
Although negotiators must display confidence — real or feigned — arrogance is counterproductive. Learn why in this article.
Should you tell your mediator your bottom line? This post from an experienced mediator explores that question.
The default model for mediation has produced excellent results in most cases. For complex, multi-faceted, or multi-party mediation, this article suggests re-thinking the process.
