02
- April 2025
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Many attorneys at mediation focus on the strength of their liability, causation, damages arguments, the leverage they hold over the opposing party, etc. But what if there was another, often overlooked tool in your toolbox that could significantly increase the likelihood of success during mediations? This tool...
26
- September 2018
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As a young trial lawyer in the 1980’s I had a take no prisoners approach when negotiating. The theory was that you only show strength, never weakness and power your way to convincing the other side of the value of your case. Validate or show...
28
- July 2017
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In attempting to redefine ADR, we can build a zen-like space to promote an atmosphere of conciliation. We can create innovative products and services like the ADR 2 Step and our Case Unilateral Submission Program (CUSP). But most importantly, at the end of the day, it’s essentially...
20
- February 2017
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A substantial disagreement with your significant other ends, thankfully, short of all-out war. Amazingly, minutes later , your partner pulls a 180 degree turn and starts talking calmly about what the problem is and how to resolve. But, you are absolutely not ready! The constructive...
14
- February 2017
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Imagine 2 parallel universes where the exact mediation is going on in both places. Same parties, identical fact patterns. In universe A, Dan Direct is the mediator and in universe B, we have Frank Facilitator.
09
- February 2017
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I was watching a New York Giants Football game years ago– the Giants made various mistakes but generally played a very good game. Due to a last minute, unlucky bounce, they lost. The next day the narrative on talk radio and most callers was...