One of the jobs of a mediator is to provide a "reality check"; to be a neutral, dispassionate third party, who can be objective and discuss with a party the "downside" or "adverse consequences" to her side of dispute. The goal is to have that party accept what is being [Read More]
I have always believed that a lot of the lawsuits result from a lack of communication or miscommunication. I have also believed that using joint sessions in mediation can be most helpful to clear up a misunderstanding or a lack of understanding. Despite my beliefs, I still mediate a lot [Read More]
Have you ever been asked to imagine during a negotiation or a mediation what the future will look like if you (1) settle the dispute under the terms being proposed; or (2) do not settle the dispute under the proposed (and/or different) terms? No doubt, your response assumes that your [Read More]
Somehow, several years ago, I got on the mailing list for The Indian Arbitrator which is the "News Magazine of the Indian Institute of Arbitration and Mediation." Its articles do not focus solely on developments in India but actually on things occurring throughout the world. The January 2013 issue (Volume [Read More]
It is often said that to resolve disputes, the respective needs and interests of each party must be met. Indeed, this is the thesis of Getting to Yes by Fisher and Ury, the seminal book on negotiation strategy and resolving conflicts. Although the parties did not set out to do [Read More]
Recently, I posted a blog on the timing of mediation, noting that sometimes a mediation occurs early in the life of a case and before all of the preparatory work has been done resulting in the parties realizing that more discovery is required to reach a compromise. I noted that [Read More]
Recently, someone asked me, "When should I mediate my dispute? Should I wait until the lawsuit is filed? Should I wait until depositions are taken or motions for summary judgment are filed and/or heard? When IS a good time to mediate?" To me, it is always a good time to [Read More]
Recently, I read an article posted on the Harvard Law School Program on Negotiation's website discussing the similarity of improvisation and negotiation. (Improv pp.4-8.) In both, one must be quick on her feet- ready for anything at any moment. In both, one must be ready "... to seize unexpected opportunities [Read More]
