Negotiation

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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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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Pre-Mediation Conferences

I’ve handled any number of mediations where the parties and counsel view prospects for settlement with optimism. Lately, I’m seeing more and more pre-mediation conferences being held in complicated cases or cases where the prospects of settlement seem less likely.

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What Are Intractable Conflicts?

“Intractability” is a controversial concept, which means different things to different people. Some people on the initial BI project team intensely dislike the term, as they saw it as too negative: intractable conflicts are impossible to resolve, they say, so people think they are not worth dealing with. 

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ABA Conference Sessions You Might Enjoy

I love the ABA Section of Dispute Resolution annual conferences. They always put on a wide array of wonderful sessions and it’s a great time to connect with friends, old and new. As in the past, I am listing some sessions that particularly intrigue me. 

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