Resolution Strategies

Resolution Strategies2023-12-27T16:36:04-08:00

Resolution Strategies | A Monthly E-Newsletter

“OUTSIDE THE BOX”

Disputes aren't always cut from the same cloth and the strategies for resolving them often need to be tailored to fit the situation at hand. Sometimes, that requires thinking "outside the box." Over the years, I've been involved — either as mediator or litigator — in dozens of mediations that requir [...]

By |April 3rd, 2023|Categories: Resolution Strategies|

QUESTIONS & ANSWERS

Few things foster greater resentment, nor greater resistance to resolving conflict, than aggressively arguing one’s position and/or criticizing the other side’s position during direct settlement discussions or a joint session in a mediation. When one side elects to go on the offensive, the other sid [...]

By |March 3rd, 2023|Categories: Resolution Strategies|

LOSS PREVENTION

As I was watching the NFL Wild Card, Divisional and Conference Championship games last month, it struck me that mediation and "the prevent defense" share the same DNA — the objective of both is to manage risk and prevent, to the greatest extent possible, a loss that might otherwise have been avoided [...]

By |February 1st, 2023|Categories: Resolution Strategies|

A PROPORTIONAL RESPONSE

“What is the virtue of a proportional response? Why is it good?” President Josiah Bartlet, The West Wing, Episode 3 As anyone who’s glanced at my Judicate West profile knows, I'm a die-hard fan of The West Wing. Years ago, my wife gave me the entire series on DVD as a birthday gift and I've lost cou [...]

By |January 3rd, 2023|Categories: Resolution Strategies|

FLYING BLIND

It might not be immediately apparent, but mediators and air traffic controllers share similar missions. Both receive, process and evaluate real-time data and then transmit critical information to others, providing the guidance those others require to reach a particular destination. Every now and the [...]

By |December 1st, 2022|Categories: Resolution Strategies|
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