When You Need to Bear Bad News
There are better and worse ways to do it. The Muse’s article on delivering bad news to your boss has lessons for talking to clients and colleagues too.
There are better and worse ways to do it. The Muse’s article on delivering bad news to your boss has lessons for talking to clients and colleagues too.
I would say all of those cases were ripe for mediation at the time I was asked to mediate them. How can that be? Simple. In each case, the attorneys/parties had the right information, and a strong enough desire to settle, in order to make good decisions. Could those cases, which were further into the judicial process, have been resolved sooner? Possibly. But in retrospect, I don’t think they were ready until we mediated them.
The vast majority of legal disputes aren’t ended as a result of a trial.
Scholastica, the service many of us use to disseminate our articles to law reviews, recently interviewed Donna Shestowsky (UC-Davis) about her work on litigant awareness of court ADR programs. Here’s the interview in full.
Maureen Weston (Pepperdine) provides this intriguing post from the Ofer military base in Israel.
The conflict over the sacred land in the West Bank, which includes East Jerusalem, in Israel is deeply rooted and profoundly intense. This region has been under rule by the Turks in the Ottoman Empire (1517- 1917), Britain (1917-48), Jordan (1948-67), and since the Six Day War in 1967, under control by the Israeli army.
Conversations are the social lubricant that makes relationships, moving ahead professionally, generating new clients and settling lawsuits easier.
Negotiation and mediation are all about communication.
No one is perfect. We all get upset. But some of us get upset more often than others.
Attorneys who use the mediation process may focus on the more immediate benefits (ideally a case settles, and a file closes), but there are more extensive benefits as well that all participants may benefit from.