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
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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
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.,
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