NOTE: The following text will appear as a chapter in a mediator skills volume to be published soon by the International Bar Association, edited by mediator Patricia Barclay of Bonaccord Ecosse Limited, in Edinburgh, Scotland. Reality testing is the technique of inviting a party to adjust his perceptions of the claim. ...
While working for a company, a guy opens up a competing business and lures away customers. He is sued by his employer for fraud and breach of fiduciary duty. Prior to trial he participates in a mediation, that is unsuccessful. At trial he loses and is found liable for $364,000 in...
I told my wife that I wanted to do the following exercise with my 50-person ADR survey class at New York Law School: "Find a partner and face each other. Touch your palms together about face-level and then grasp each other's hand. The person who can get the other person's hand past their...
From the invaluable BASESwiki comes news of just the development I and others have pounded the table about: A long-term project that features a formal and permanent "canary-in-the-mine" that identifies and addresses problems early on, and successfully prevents conflicts....
Victoria Pynchon's Settle It Now blog is on my daily list, and a recent post brought to our attention an interesting study on whether, by certain objective standards, attorneys get in the way of mediators' work. ...
Christian Duve is a handsome, very bright, very perceptive attorney mediator practicing with Freshfields Bruckhaus Deringer in Frankfurt, Germany. I have known and admired him for many years and recently learned a lot (once again) listening to a conversation he held with GE's Michael McIlwrath on negotiation techniques....