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Better Advocacy in Arbitration & Mediation

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Mediation
Bob Meynardie

Bracketology

In virtually every mediation that bogs down, I am asked about the use of brackets. Brackets have their place but to state the obvious: the use of brackets will not change parties’ calculation of their

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Mediation
Bob Meynardie

elements of a good mediation

One of the benefits of a being both a mediator and an advocate is the opportunity to view other mediators at work and try to employ what they do that is effective and avoid what

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Mediation
Bob Meynardie

Narrative Mediation

For the past 18 months or so, I have been studying and trying to implement in my mediation practice, techniques from a “discipline” called Narrative Mediation. Narrative Mediation is not new even though it is

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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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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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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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