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Negotiating in the Crosswind of Settlement Desire

Negotiating in the Crosswind of Settlement Desire

The desire to settle during mediation can be mutual, essentially balanced and shared, or highly unbalanced or asymmetric. As a mediator, I want to find out which side more strongly feels the need to settle. I seek to press upon the side least desirous of settling. I...

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Mediation is the Food Truck of Dispute Resolution

Mediation is the Food Truck of Dispute Resolution

Research in a variety of jurisdictions reveals that approximately one percent of filed civil cases reach trial, maybe less in some states.[1] Commentators note several likely causes: Loose discovery rules, stricter pleading, heightened summary judgment standards, and...

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The 30/30 Piece on Mediation Advocacy

The 30/30 Piece on Mediation Advocacy

When I was a young associate and handling mediations on my own, I really didn’t get it. I mediated too late in the life of the case. I had no relationship with opposing counsel. Mediation advocacy is a lot like sex – for most people you sort of figure it out as you go...

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The Road to Uncovering the Hidden Truth in Mediation

The Road to Uncovering the Hidden Truth in Mediation

If I have reasonably competent lawyers with equally motivated clients with access to the same information (and those are not trivial caveats), isn’t it fair to believe they will be looking at the same playing field albeit from different sides? Isn’t it reasonable to...

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Attendance Rules at Mediation and Other Oddities

Attendance Rules at Mediation and Other Oddities

Few topics engender debate more than the issue of proper attendance at mediation. Even mediators do not agree on the rules and willingly tolerate a breach or some bad practice. There is a fair amount of problematic behavior largely arising from good intentions but...

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The Mediator’s Wish List

The Mediator’s Wish List

Now that the holiday season is in full swing, you are probably seeking holiday gift-giving lists. Most mediators want the same thing. Here is a list of things most mediators would like to receive in case you are still shopping for the holidays. Mediators would like...

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Legal Resources

Business and civil mediation resources and information about alternative dispute resolution

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