Blog

Discover the Facilitation

It's common knowledge that the vast majority of civil disputes are settled at some point before trial, with estimates of settlement rates ranging from 90% to 95%. That of course in turn means that, in almost all cases, the bulk of the legal work is performed...

It’s About Time

As I was going back through my earlier mediation blogs and realized that it’s been quite a while since my last one, I thought to myself, “It’s about time” that I write another. And of course, the next thought was, what shall I write about, that I haven’t already...

Happy New Year!

I hope your Holidays were wonderful, and that your New Year is already getting off to a great start! As we begin the New Year together, it's a good time to reflect on the importance of starting the year off with a sense of optimism and positivity for what lies ahead...

Mick Jagger Said it Best

In an earlier blog I said that we can learn a lot from the Bee Gees, and their great lyric, "It's just emotion that's taking me over." (If you missed it, click here.) That led me to thinking, what other rock and rollers might might have unknowingly given us ideas...

Exploring Alternatives

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 help the parties...

Lost In 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...

Getting Past “No”

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...

We Can Learn a Lot From the Bee Gees

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...

Is It a Duck or a Rabbit?

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 totally credible...