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Better Advocacy in Arbitration & Mediation

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19
Mediation
Bob Meynardie

how to win every mediation

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

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20
Negotiation
Bob Meynardie

The Power Of Apology

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

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Negotiation
Bob Meynardie

Power In Negotiation

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,

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33
Guided Choice Mediation
Bob Meynardie

Guided Choice Mediation: Nuts and Bolts

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

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Civil Collaborative Law
Bob Meynardie

Exciting New Alternatives For Claims Resolution

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

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Arbitration
Bob Meynardie

Can Arbitration Be Saved?

I preface this post with the disclosure that in my practice I serve both as an arbitrator — AAA administered and privately administered — and as an advocate in arbitration. In talking to lawyers throughout

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Mediation Theory
Bob Meynardie

The Mediator’s Role In Positional Bargaining, Part 1

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

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Mediation Theory
Bob Meynardie

Is Positional Bargaining Unavoidable?

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

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Negotiation
Bob Meynardie

Are You Competitive or Cooperative?

As a 49ers fan I have been intrigued by stories about the former head coach, Jim Harbaugh. His brother, Ravens coach John Harbaugh, tells the story of how as a Little League baseball player Jim

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