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Are Mediators Truly Born and Not Made?
The conventional thinking is that good mediators must have certain intrinsic innate qualities to succeed. From my perspective though – […]
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Leave Some Trial Skills at the Mediation Door
Click here to read “Leave Some Trial Skills at the Mediation Door,” an article by Rick Alimonti.
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Empathy and Saving Face: Some thoughts on the emotional underpinning of mediation
Empathy and Saving Face: Some thoughts on the emotional underpinning of mediation Click here to read “Empathy and Saving Face: Some […]
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To Open or Not to Open?
Some Considerations for Plaintiff’s Counsel on the Joint Mediation Session There has been a lot of discussion of late on whether […]
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Bracketing: Trying to Move the Mediation Goal Posts
Before the Brackets “Bracketing” is an increasingly popular tool to get a mediation moving. I have seen substantial success with […]
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“Zoom” Mediations: Dignifying the Proceeding
As I write this, my first post-Covid, full, in-person mediation is in the rearview mirror. Nonetheless, Zoom mediations will no […]
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The Method, Madness, and Mystique of the Mediator’s Proposal:
Do you dare open the box? A request for a proposal may signal a problem with client control, and maybe […]
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What Major League Baseball Could Learn from the Mediation Model
I love baseball. As this is written, I am counting the days to when pitchers and catchers report for Spring […]
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Confrontation in Mediation: Making Your Case in Mediation Without Alienating
Those of you familiar with my other articles and general approach to mediation will recall a few recurring themes. Among […]
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When Mediations Fail (and What They Teach Us)
What is a Failed Mediation? If we define a failed mediation as one in which a case does not resolve […]