“Us and them. And after all we’re only ordinary men. Me and you. God only knows its not what we would choose to do. With, without. And who’ll deny that’s what the fighting’s all about.” [Pink Floyd] Historically our civilization has evolved primarily as successful hunters and gatherers. This evolution has been largely shaped by…
A commentary on the future of mediation, with special thanks to Pete Seeger for inspiration A recent discussion among a seasoned group of neutrals about the struggles of the professional mediator caught my attention. Some complained that the trend in litigated cases was to reduce the value of the mediator to a commodity, due to…
Imagine a marine layer floating over a coastal town. A family in this town is hopeful that the sun will burn the fog away so they can go to the beach and enjoy the great weather. The day seems to go on forever and the sun never comes out. The family ends up being stuck…
On 24th September Kluwer and the International Academy of Mediators (IAM) hosted their inaugural mediation webinar – ‘7 Ways to Make Your Next Mediation Successful’. Attendees joined from all over the world. Don’t worry if you couldn’t attend on the day – we’ve posted the webinar on YouTube, and it can be viewed here. 1….
The X factor in mediation is the ability to influence the other side to pay more or take less. Finding the elusive X factor is the challenge for most mediators, and is often done in the face of uncertainty. This uncertainty takes many forms and can serve as a barrier if not acknowledged and addressed…
Negotiations are like political campaigns. It is an organized effort to influence decision makers. “How” and “When” to begin the campaign are fundamental questions to examine before actually engaging in the formal negotiation. Consider the first presidential campaign of Barack Obama. While the election was in 2008, the campaign began before 2004 when the Democratic…
According to commentator Rachel Maddow in her book “Drift,” the way the United States goes to war has gradually become more secretive and less democratic. She observes that in the last half century, the decision to go to war has become too easy. This is contrary to what the Founders of our nation had in…
Whether two employees are fighting or a disgruntled client is on the verge of leaving, you—yes, you—can step in and help solve the problem. Here are some tricks of the trade. Conflict happens. It happens in all areas of business. When your employees spend 40 plus hours together each week, they are bound to run…
The arc of a litigated case has many narratives, particularly when it comes to settlement opportunities. While some cases fall into standard, often repeated formulas, others cannot be scripted. Yet, there are moments in the cycle of a case where some litigators simply react to events as they unfold rather than actively creating the settlement…
This story is for you if: one of the parties to your multi-party case is irrational and an obstacle to settlement; the irrational party is making the case fall apart; walking away could result in a much worse deal for your client. There are several strategies you can deploy to deal with the difficult and…
