Mediation
Understanding the Mediator’s Role
Article on the differences between evaluative and facilitative mediation. Is there a difference?
September 4, 2022
Insights
Better Advocacy in Arbitration & Mediation
Articles
Mediation Theory
Why? And Why Not?
Does the “Why” Matter? As lawyers we are trained to discover the facts of a dispute and apply the law to those facts. Lawyers are good at uncovering the what, when, where, who, and how
May 3, 2022
Mediation
Does Narrative Mediation Have A Role In Civil Case Mediation?
As briefly described in a previous post, I have been studying a mediation model called narrative mediation and implementing some of its techniques in my practice. Narrative mediation techniques are focused on improving the relational
March 16, 2020
Mediation
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
January 11, 2019
Mediation
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
September 29, 2018
Mediation Theory
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
September 2, 2015
Mediation Theory
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
July 30, 2015
Mediation Theory
Getting to Yes: Focus on Interests Not Positions
By far the most often quoted tenet of “the Method” is to avoid positional bargaining and instead focus on the underlying interests of the opposite sides. Fisher & Ury illustrate their point with the story
December 12, 2013
Mediation Theory
Getting to Yes: Separate the People from the Problem
The first tenet of what Fisher & Ury call “The Method” is to separate the people from the problem. Although I think I understood their point when I first read the book, over time what
October 22, 2013
Mediation Theory
Back To The Basics
I have recently been reading a number of relatively new books with claims of a revolutionary new way to approach negotiation. Without exception and without naming names, each new source has been insightful and a
September 22, 2013
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