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Mediation › Negotiations › Settlement Negotiations

Zelle LLP

How Attys Can Use A Therapy Model To Help Triggered Clients

Zelle LLP on

Since between 90%-95% of litigated cases settle before trial, effective negotiation skills can be the bedrock of success for lawyers. Settlement allows both parties to avoid the uncertainty and costs of protracted...more

Miles Mediation & Arbitration

Trust During the Mediation Process

Miles Mediation & Arbitration on

Trust is an essential element of the mediation process. The whole point, of course, is to take two or more parties who have a dispute and help them reach an agreement. Because the process necessarily involves that dispute,...more

Miles Mediation & Arbitration

So, You Want to Be a Mediator: How to Start a Mediation Practice

Miles Mediation & Arbitration on

I often joke that I decided to be a mediator when I realized that scripture says, “blessed are the peacemakers” and not “blessed are the litigators.” The truth, however, is that I wanted to be a mediator since the day I...more

Miles Mediation & Arbitration

Personality Types: Recognizing and Handling Six Different Types of Participants at Mediation

Miles Mediation & Arbitration on

No two mediations are the same. Not only are the facts of each case different, but the litigants have different motivations, concerns and ways of presenting their thoughts and ideas. The goals and styles of presentation of...more

JAMS

Bracketing the “Zone”: Getting to the range in which bargaining succeeds

JAMS on

Over the last 10 to 15 years, the term “bracketing” has emerged to summarize the mediation process of negotiating the high and low of the bargaining zone. For a variety of reasons, some users of mediation services resist...more

Hogan Lovells

Alternative Dispute Resolution in England and Wales

Hogan Lovells on

A guide to mediation and the other main types of alternative dispute resolution (ADR) in England and Wales. ...more

JAMS

New Impasse-Busting Techniques – Part 2

JAMS on

I have recently discovered some additional, impasse-busting techniques for your consideration when the negotiating process grinds to a halt. The Mediator’s Bracket - This is a useful technique in both early and late...more

Brooks Pierce

If You Reach A Settlement At Mediation, And Say The Settlement Will Be The Subject Of A Forthcoming Formal Agreement, Do You Have...

Brooks Pierce on

You have most likely walked out of a mediated settlement conference at which the shorthand version of the settlement put to paper by the lawyers and the mediator stated that there would be a later, more detailed agreement. ...more

JAMS

The mediator as process designer

JAMS on

A mediator is a facilitator who has the skill to work around or overcome obstacles to settlement created by parties or their counsel. In particular, when negotiations have gotten the parties close to a settlement, the skilled...more

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