Resolution Strategies

One of the most important statements counsel make in any mediation comes at the very outset — when they present the opening demand and offer of their respective clients. Few things are more likely to lengthen the mediation process — or derail it entirely — than an ill-conceived first number. As I’ve [...]

For this month's edition of Resolution Strategies, I approached the writing process a bit differently, all because of a meaningful chat I had last month — with artificial intelligence. In early April, I asked ChatGPT — Chat, for short — to help me rewrite the Baseball Mediation™ page on my website. [...]

A week from Saturday is the first night of Passover, the Jewish holiday commemorating the Exodus of the Israelites from slavery in ancient Egypt. The holiday also plays a significant role in the advent of Christianity because "The Last Supper" — according to the Gospels — was the Passover Seder atte [...]

As I watched — and then re-watched — the entire Oval Office exchange between President Trump and President Zelinskyy, I was reminded of an experience that I had in mediation as an advocate many years ago, before becoming a mediator. During a joint session, in front of opposing counsel, the mediator [...]

In multi-party disputes, a tender of defense can be an instant game-changer when it comes to assessing risk and developing a cost-effective resolution strategy. All too often, a party contractually obligated to defend and indemnify another party seemingly ignores the fact that the duty to defend ari [...]