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What Do I Want?

Sometimes, parties attend mediation without being prepared. That is, they” wing it.” I can often tell that the party is “winging it” because they did not submit a brief. The submission of a brief is as much for the party’s benefit as it is for mine: It forces the party to analyze its case, including the strengths and weaknesses. When I do not receive a brief, I think to mysel...

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Once again, Thanksgiving is upon us.  For the last two years, I posted the blog below, which I believe is as relevant today as it was  in the past. So, I would like to share it again. And…. again, I want to thank each of you for such a great year. I  deeply appreciate your kindness, generosity and continuing trust and faith in me.

Have a Wo...

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I attended a conference for mediators this past weekend. One of the participants raised the question for the parties attending a mediation: which is more important, self-determination or the impartiality of the mediator?

The notion of self-determination is set out in Standard 1 of the href="https://icdr.org/sites/default/files/document_repository/Model_Standards_of_...

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I recently attended a mediation that highlighted the notions of the one-shot player versus the repeat player and the imbalance of power that accompanies it.

The case involved a customer ( Joe Doe) and a large company ( ABC Inc.). The customer, Joe  Doe, was unhappy with the services rendered to him by ABC Inc. and so filed a claim with the company. The matter was ...

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Tonight is Halloween, which got me thinking about it in terms of negotiation and dispute resolution. As I read its history, it struck me that its origin is actually an example of preemptive distributive bargaining. As explained on the History. Com website:

   Halloween’s origins date back to the ancient Celtic festival of ...

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