This story is for you if … The process of trading offers back and forth has failed; You want to settle but feel your only move is to threaten to walk out of the mediation. Transaction bargaining is different than traditional bargaining, and provides more options to settle. Here’s why: The Traditional Negotiation Approach Traditional…

By Jeffrey Krivis and Mariam Zadeh 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…

In a complex business dispute involving substantial and potentially unlimited exposure, a sophisticated defendant was not willing to pay the amount it determined it would actually take to settle, so they became primarily concerned about how to ‘cap’ their exposure on the case. Based on an excellent working relationship that developed between general counsel for…

The 8th ICC International Commercial Mediation Competition begins tomorrow at the International Chamber of Commerce, in Paris. During the Competition, university students will face complex, international business problems, which they attempt to resolve by mediation conducted under the ICC Amicable Dispute Resolution (ADR) Rules. By participating in the Competition, students will get the unique opportunity…