Given that the purpose of mediation is to ideally achieve a negotiated resolution, it is somewhat perplexing that the settlement agreement reached as a mediation – be it oral or in writing – is not [...]
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 [...]
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 [...]
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, [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]