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
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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
The Mediator’s Role In Positional Bargaining, Part 1
September 2, 2015
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.
Is Positional Bargaining Unavoidable?
July 30, 2015
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.,
Are You Competitive or Cooperative?
April 23, 2015
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
New AAA Rules for Fixed Time & Cost Construction Arbitration
August 4, 2014
The American Arbitration Association recently announced new streamlined rules for arbitration specifically designed for the construction industry. AAA believes that the new procedures are most
Amazing Face Reading
January 12, 2014
At a recent meeting of a trade group, the lunch time speaker was Mac Fulfer, a lawyer and professional face reader. So what is a
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