by Philip R. Diamond | Jul 20, 2022 | Impasse, Mediation Success
The concept of exploring alternatives during the mediation process is not new. For many years, mediators have used the concepts of “BATNA” (Best Alternative to a Negotiated Agreement) and “WATNA” (Worst Alternative to a Negotiated Agreement) to...
by Philip R. Diamond | Feb 8, 2022 | Communication, Translation
It goes without saying that the key to resolution in mediation is communication. Everyone involved in a mediation must be able to understand what everyone else is saying in order for the process to work. When all participants are fluent in English, language...
by Philip R. Diamond | Nov 10, 2021 | Impasse
As any litigator who has represented clients in mediation knows, there can sometimes come a point in the process where the parties have dug in their heels, neither side will budge off its last settlement position, and the process is at a cross-roads. One path leads to...
by Philip R. Diamond | Oct 20, 2021 | Emotion
For those of you who are old enough to remember one of the greatest rock groups of our time, the Bee Gees, and for those of you of a younger generation who have discovered the music of that iconic band, you’ll be familiar with the line from one of their greatest...
by Philip R. Diamond | Aug 24, 2021 | Perception
People being what we are, we often see things very differently from one another. What one person sees as an established and indisputable “fact,” another person may see very differently, for a variety of reasons. A trial witness who is perceived to be...
