Framing And Reframing

Nicole was frustrated: “I know I’m behind on the rent – business is slow and I can’t afford $9,000 a month for this place! George needs to get real! He’s made a ton of money from me.  He needs to stop being so greedy… I only can pay $7,000 a month… at least until business …

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Mediation Advocacy

Mediation Advocacy

Mediation falls under the heading “alternative dispute resolution” (ADR). Alternative to what?  Litigation, of course. Yet the courts now frequently require ADR as a pre-trial part of the litigation process.  The co-opting of ADR into litigation has changed it.  For example, arbitration has become more formal, lengthier, and costlier – so much so that corporate …

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Searching for Truth in a World of Lies and Misconceptions

Searching for Truth

When I started out as a mediator, I soon learned that parties don’t always tell the truth and parties do not always disclose all the facts of a case. Only by exploring areas where the parties don’t want to go, do I find underlying positions driven by undisclosed influences. These may well otherwise remain hidden …

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An Interview with Expert Mediatior Scott Van Soye

Scott Van Soye

Our ADR Times Contributing Editor, Zach Ulrich, recently had the opportunity to sit down with expert mediator and arbitrator Scott Van Soye, to discuss Mr. Van Soye’s insights into the emotions and typical negotiation dynamics of mediation, his unique perspective into employment and disability cases, and his “learned wisdom” from experience as a lawyer and …

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Pointed Finger Mediation

Pointed Finger Mediation

One day I was meeting with a husband and wife for their second or third divorce mediation session. They were high-powered, both in upper management positions. I thought that their family mediation would be like a business meeting. But no!At the beginning of this session, the husband leans over shaking his finger at me about …

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