Facework in Mediation
Conflict is, for the most part, a rubber concept, being stretched and molded for the purposes at hand. Any attempt to intervene in a dispute is an intrusion into an already [...]
6
Dec, 2016
28
Jun, 2016
When the Glass is Half-Filled with Emptiness – Part II
In Part 1 of this two-part article, we talked about the financial distress that is evident in just about every aspect of our daily lives and how insolvency and the threat [...]
24
Jun, 2016
When the Glass is Half-Filled with Emptiness – Part I
For the past ten years we have lived through economically trying times. Virtually every sector has been hit: our national economy, our state economies, Wall Street, financial giants, small businesses, banks, [...]
21
Jun, 2016
Mediation Review – Part V
Impasse is a “deadlock” or “stalemate” where disputants have become firmly locked in their positions and either cannot or will not make another move / offer. One way to avoid impasse [...]
17
Jun, 2016
Mediation Review – Part IV
Generic Checklist for Party and Counsel Substantive Preparation Explain to the client what the process is about – facilitated settlement negotiation; not a hearing on the merits Discuss and agree [...]
15
Jun, 2016
How to Get the Most Out of Your Next Mediation
While mediation is a facilitated negotiation, you don’t start negotiating as soon as you sit down at the table. Mediation is a process and it has its own unique steps that [...]
14
Jun, 2016
Mediation Review – Part III
Mediation is an evolving process and has grown in many regards over the past 20 – 30 years. It started off as something that looked an awful lot like a Mandatory [...]
10
Jun, 2016
Mediation Review – Part II
Negotiation is an ancient process – used to transact business and resolve disputes. The negotiation process is anchored on each party’s word – on what they promise to do. Fundamentally, negotiation [...]
8
Jun, 2016
Straus Institute’s 29th Annual Professional Skills Program
Nationally Recognized Experts in Dispute Resolution Scheduled to Present at the Straus Institute’s 29th Annual Professional Skills Program Each year, the Straus Institute conducts a 3-day professional skills course at Pepperdine [...]
7
Jun, 2016
Mediation Review – Part I
In a civilized society, if parties cannot work things out between themselves (i.e., private negotiation), then they will need to have a third party intervener step in and either facilitate a [...]