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To Mock or Not to Mock
Many clients are data-driven today. Data and information control their decisions. It’s time to give your client more data points by doing mock trials in front a trained neutral.
How Confidential is a Private Mediation?
How does the Italian Renaissance affect your mediation?
ENE, Meeny, Miny, Moe ...
ENE (Early Neutral Evaluation) is a powerful ADR technique you need to be doing more often.
Updates on Mandatory Employment Arbitrations
New legislation in Congress may resolve this issue once and for all.
Hey Apple! Knife!
Rule number one in any mediation? Don’t tick off the mediator. One major key to getting a deal done is to be likeable. Being obnoxious is easy.
Courts are Closed, but ADR is Open
The pandemic has ground the judicial system to a veritable halt. That’s why you should think about ADR for your cases.
That '70s Show and Religious Arbitration
An agreement to arbitrate is an agreement to arbitrate … even if you’re now a non-believer.
Ever Get the Feeling He's Just Not That Into You?
False negotiators are antithetical to the concept of meaningful mediations. But how to protect yourself from them?
Can a Mediator be Forceful? Should a Mediator be Forceful?
Gentle persuasion can sometimes assist negotiations. Sometimes, it’s ineffective. Sometimes, people just need a figurative punch in the nose.
Rapper/Actor Ice-T to add Mediator to Job Title
Does Life imitate Art or does Art imitate Life?
The Importance of Preparation for Mediation
Failing to prepare for mediation is the same as preparing to fail … yet attorneys do this all the time.
FINRA Arbitration Award Upheld Despite Claims of Partiality
Accusing an arbitration panel of not being impartial requires a high burden of proof.
To Mediate or Not To Mediate?
That is the question: Whether 'tis nobler in the mind to suffer the slings and arrows of alternative dispute resolution, Or to take arms against a sea of lawyers And by opposing end them.
Trying to Determine Value in Mediation
Thoughts on how claims should be valued going into a mediation…
Pre-Mediation Conferences & The Spice Girls
Yo, I'll tell you what I want, what I really, really want
So tell me what you want, what you really, really want
I'll tell you what I want, what I really, really want
So tell me what you want, what you really, really want
I wanna, (ha) I wanna, (ha) I wanna, (ha) I wanna, (ha)
I wanna really, really, really wanna zigazig…
One of the Biggest Mistakes Lawyers Make in Mediation ...
Lawyers are trained to fight and win for their clients. That’s why so many fall short when it comes time to mediate their case.
