Mediation

The Need For Preparation!

everal times in the past, I have discussed the need for each party to prepare for mediation for it to be successful. As you may guess, I return to this topic again because I just conducted a mediation that went nowhere fast because plaintiff was not prepared….

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Detachment

I had a bizarre mediation the other day. As usual it was a lemon law matter but this time it involved both the manufacturer and the dealer. Unlike many other instances, the manufacturer did NOT agree to have its counsel also represent the dealer or to indemnify the dealer….

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Control

“God, grant me the Serenity To accept the things I cannot change… Courage to change the things I can, And Wisdom to know the difference.” (The Serenity Prayer)….

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Problems, Problems Everywhere…

Anyone who has ever worked as corporate counsel knows it ain’t easy.  Corporate counsel has to deal with lawsuits, human resources, risk management, internal politics, and an ever-changing landscape of compliance landmines.  To make matters worse, the higher-ups do what they want, when they want…

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Negotiation

When parties negotiate, they usually expect give and take. While they have interlocking goals that they cannot accomplish independently, they usually do not want or need exactly the same thing.

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Tales From The City

From New York, an interesting institutional approach to small-stakes dispute resolution: the Office of Administrative Trials and Hearings (OATH).According to the article, OATH was created in 1979 as an “independent alternative” to internal agency tribunals.

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