Hon. Carol McCoy | Miles Mediation & Arbitration For 20 years, I ruled on a number of complex business disputes. As chancellor, I followed my personal philosophy that time is valuable, and disputes did not get better by letting time drag on. I attempted to keep the lawyers focused on a trial date, ruling on motions in a timely manner, and gaining an understanding of… Continue reading Mediation After 20 Years on the Chancery Bench: Resolving Complex Business Disputes
Category: Mediation
When Settlement is Dying in the Room: Seven Mediation Killers and How to Disarm Them
Wiley George | Miles Mediation & Arbitration While settlement is the goal at mediation, mediations do fail for a variety of reasons. After participating in countless mediations (both as a trial lawyer for thirty-five+ years, and now as the mediator for the last two), I have found that understanding why mediations fail can make you… Continue reading When Settlement is Dying in the Room: Seven Mediation Killers and How to Disarm Them
“The Rest of the Story”: A Master Class in Mediation
B. Adam McGough | JAMS In an age of entertainment news, compressed narratives and rushed judgments, the late radio broadcaster Paul Harvey offers an unexpected master class for mediators, advocates and decision-makers. Long before “storytelling” became a business buzzword, Harvey quietly trained millions of listeners to do something essential to justice and resolution: withhold judgment until… Continue reading “The Rest of the Story”: A Master Class in Mediation
Leaders in Dispute Resolution Need to Make Unbiased Decisions for Mediation to Succeed
Richard Erickson | Snell & Wilmer As a mediator helping to settle construction disputes and as an arbitrator deciding outcomes of these disputes, I found certain lessons to be especially helpful after graduating last summer from the Executive Education program at Harvard Kennedy School (HKS). The exceptional HKS curriculum included courses focused on negotiation strategies… Continue reading Leaders in Dispute Resolution Need to Make Unbiased Decisions for Mediation to Succeed
Anchoring Mediation in the Merits: A Practical Approach for Neutrals
Steven M. Greenspan | FedArb In complex disputes, mediators sometimes fall into the trap of rushing too quickly toward numbers—talking demands, offers, and bottom lines before the mediation has even had a chance to breathe. In my experience, that’s the fastest way to push parties into their corners, where they get entrenched and start treating… Continue reading Anchoring Mediation in the Merits: A Practical Approach for Neutrals