The second post on Molly Klapper's book, Definitive Creative Impasse-Breaking Techniques in Mediation, focuses on a deceptively simple and profoundly wise short essay by Laura Kaster, Addressing Impasse by Helping the Parties Value the Case. She opens her piece with a "much overlooked but obvious" point: "Settling or mediating a...
Just before Molly Klapper's recent and much-mourned death, the New York State Bar Association released a wonderful book she had worked hard to edit: Definitive Creative Impasse-Breaking Techniques in Mediation. The volume contains many useful contributions from extraordinarily accomplished mediators and trainers. This and the following posts will highlight some...
The mediation scene in Italy sometimes seems like the upper balcony at La Scala: Lots of opinions snd shouting but uncertain direction or authority. Happily, Italy is graced with some real mediation leadership, some of whom are young, enegetic, persistent, articulate and smart. One such is Alessandro Bruni. Alessandro has recently...
Mediators are trained to detect subtle opportunities for value-adding integrative outcomes: separating positions from interests, offering out-of-the-box suggestions, and looking for ways that the parties can find mutual benefit. For me, that ended in an early-career EEOC mediation where the ADA claimant, having been offered every accommodation to her disability, refused to withdraw...
The Chartered Institute of Arbitrators (CIArb) has sold its dispute resolution provider service, IDRS Ltd., to the Centre for Effective Dispute Resolution (CeDR). Both organizations see the sale as the beginning of a closer, mutually beneficial, relationship. ...
As a final report on the proceedings of the recent IBA Annual Conference, on Thursday November 3 Jane Player and I co-chaired a Panel on "The Use of ADR in the Management and Control of Dispute-Related Costs." ...
Two years ago, a session was held at the Buenos Aires IBA Annual Conference on the feasibility of creating a set of rules for the mediation of disputes between investors and States. The ICSID Conciliation Rules are broadly acknowledged to be clumsy and have seldom, if ever, been used. For the past...