Blog

Bracketology

July 4, 2019

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

Elements of a Good Mediation

April 13, 2019

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

Narrative Mediation

January 11, 2019

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

Dealing With A Competitive Approach in Mediation

October 4, 2018

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,

How to Win Every Mediation

September 29, 2018

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.”

The Power Of Apology

January 24, 2018

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

Power In Negotiation

November 4, 2017

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,

Guided Choice Mediation: Nuts and Bolts

August 23, 2016

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

Exciting New Alternatives For Claims Resolution

June 15, 2016

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

Can Arbitration Be Saved?

March 2, 2016

I preface this post with the disclosure that in my practice I serve both as an arbitrator — AAA administered and privately administered — and