The Downsides to Negotiating via Video Conference!

A recent survey ( NADN-2022-SurveyOfLitigators-ViewsOnODR[64656] )  conducted by the National Academy of Distinguished Neutrals found that prior to the pandemic and lock down in March 2020 only about 2% of litigation attorneys had ever attended a mediation or arbitration using a video conference platform.  But thanks to the pandemic, as [Read More]

By |June 16th, 2023|Mediations|

Persuasion and Persistence!

Teaching the art and science of mediation brings to my consciousness a lot of pointers that otherwise reside in my subconscious. Two of them are the fine art of persuasion and the tool of persistence. The textbook used in class (Frenkel, Douglas N.  and Stark, James H.  The Practice of [Read More]

By |April 8th, 2022|Mediations|

Mediation Briefs and Preparation

Why do mediators request briefs from the parties? No- it is not just to learn about the case. Their more important function is to force the parties to think and analyze their case; to give some thought about the strengths and weaknesses of their respective cases and consequently, their position [Read More]

By |July 16th, 2021|Mediations|

Interpersonal Skills

The end of the semester is drawing near in my online employment mediation dispute class. The theme of the last discussion board is reflective: what three things has each student learned from or skills developed or improved upon in this course. There is a saying to the effect that as [Read More]

By |April 30th, 2021|Mediations|

Silence is a Great Tool!

No doubt, you have encountered the situation where you are addressing a group of people and ask a question and are met with silence… absolute quiet! It feels awkward… no one is answering your question.(Indeed, Anglophones can not tolerate more than four seconds of silence while the Japanese can tolerate [Read More]

By |March 26th, 2021|Mediations|

Clash of Approaches

I have had several mediations lately in which the approach of the parties clashed. The clash can be labelled as the one-shot player vs the repeat player.(See: Is That All There Is? The Problem in Court-Oriented Mediation by Leonard L. Riskin and Nancy Walsh, 15 George Mason Law Review ___ [Read More]

By |February 5th, 2021|Mediations|
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