Resolution Strategies | A Monthly E-Newsletter
ALGEBRAIC NEGOTIATION: “X + WHY > X”
Forgive the title, but I’ve been helping my son study for his Algebra II course the last few days and it suddenly struck me that the inherent logic of algebra might be a clever way to both illustrate and emphasize the power of “why” in the negotiating process. [...]
SOME RULES OF THUMB TO KEEP IN MIND
It’s 10:30 p.m., and the parties have finally agreed to a settlement. Having spent more than twelve hours in mediation, everyone is exhausted. Not wanting to take even more time to prepare a handwritten settlement agreement, the decision is made to quit for the evening and document the settlement [...]
EVEN WITHOUT SETTLEMENT, MEDIATION CAN BE INVALUABLE
Looking back at the hundreds of mediations in which I’ve participated, first as advocate and now as mediator, I can only think of a handful that may not have been worth the time and expense invested. That’s not to suggest that nearly every mediation resulted in a global settlement before the part [...]
SHADES OF GRAY
One of the most common obstacles to the resolution of disputes is the natural tendency of the parties, and/or their respective counsel, to each view the factual or legal issues giving rise to the dispute as having only one possible interpretation – an interpretation, of course, that is most favor [...]
LISTEN AND LEARN
Last month, during a visit to Jerusalem, I was privileged to meet several representatives of “Seeds of Peace” – an international program that brings together teenagers from regions of conflict to share in a three-week summer camp experience at a lakeside setting in the woods of Maine. The purpose [...]