Dealing With A Competitive Approach In Mediation
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, their role in the opening…
How To Win Every Mediation
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.” Some settlements feel more like…
The Power of Apology
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 should never underestimate the potential…
Power in Negotiation
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, power is a function of…
Guided Choice Mediation: Nuts and Bolts
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 Choice Mediation is an evolving process…
Exciting New Alternatives for Claims Resolution
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 not resolved until the parties…