Monday, October 13, 2014

Bargaining with the Mediator

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     After over a decade of mediation, I sometimes find that after the information has been exchanged and the negotiation is ready to beg...
Wednesday, September 24, 2014

Getting to the ZOPA in Negotiation

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  Yesterday I heard an employment case where a trial lawyer earnestly believed that he could get an inflamed jury to award his client at ...
Thursday, September 18, 2014

The Angel of Optimism: What to do (beyond Prayer) after a Mediation Fails

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Mediations happen at all different times in the life of the dispute.  This month, I've mediated two matters that had not yet been fi...
Thursday, September 11, 2014

Non-Monetary Concessions in Mediation: Can they be Effective?

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Believe it or not, lawsuits are not always brought merely for money.  Sometimes, a gesture of good faith, a sign of understanding, a no...
Thursday, September 4, 2014

Handling Continuing Continuances of Mediation

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The lazy days of summer are behind us and most people return in September with a renewed purpose and determination to take care of busi...
Wednesday, August 27, 2014

Balancing Fairness and Justice: When Just Right isn't Enough

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As an arbitrator (or a Judge) we have limits--on our outward demonstration of compassion, our creativity in crafting appropriate and fa...
Thursday, August 21, 2014

Mediating with mental Illness

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I am increasingly aware that there is a broad spectrum of frustrated individuals amongst us.  Some turn to their doctors, others to lawy...