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Better Advocacy in Arbitration & Mediation

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16
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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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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Mediation Theory
Bob Meynardie

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

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