Ken, Doug and Other Inspirational Mediators
Oct 18, 2011
I just returned from San Diego, where I spent most of last week at the annual convention of the Association for Dispute Resolution (ACR), a leading international group of arbitrators, mediators (commer...
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Uncertainty Drives Conflict Resolution
Jan 08, 2010
Introduction After many years of mediating litigated cases, I find that several threads continually recur. Among the most pervasive are the following:
· Attorneys believe that their analysis...
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Making Settlements Last
Jan 07, 2010
The Possible vs the Impossible A settlement is meaningless if it the parties don't respect it. Parties who don't respect settlements simply see breach as another cost of doing business, accepting fu...
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Mediating Commercial Relationships
Jan 07, 2010
Introduction In mediating commercial disputes, once all of the frills are stripped away, the dispute is very typically about money. The money can evince itself in a number of ways: one side paying t...
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Moving the Goalposts 2 - The Blowback
Jan 07, 2010
Introduction In my last blog post, I described, at length, my personal methodology in crafting a mediator's proposal. Today, I'm going to consider what I call the "blowback," which is the downside o...
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Moving The Goalposts - How To Craft A Mediator's Proposal
Jan 07, 2010
Introduction - Pt 1 As a professional mediator, some of my most challenging and, yes, enjoyable moments have come when I've been able to go "under the line." That is to say, I've been able to do thi...
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