We are all too familiar with settling parties who seek to relieve themselves of their settlement agreements. The Fifth District Court of Appeals in Dallas recently reversed a trial court that had permitted such a party to obtain testimony of opposing counsel's communications during the mediation that led to the...
The International Bar Association has published this month an "e-book" on Mediation Techniques, edited by Patricia Barclay and including practical and pointed insights for professionals and end-users alike....
Hans Peter Frick, General Counsel of Nestlé, once offered this guidance for business mediators: You can either make what you think is a good candy bar and convince people that they "ought to" buy it, or you could go out and ask people what kind of candy bar they want, and...
Of the many skilled mediators I have been privileged to know, few are more insightful and articulate than Robert Creo. Bob recently shared a terrific perspective over a tasty lunch: That three discussions, or dances, inform a negotiated settlement discussion, and only one of them is acknowledged by the parties. ...
Prof. Joseph Allegretti wrote an interesting article ten years ago titled A Christian Perspective on Alternative Dispute Resolution, 28 Fordham Urb. L.J. 997 (2001). In it he tells the tale of St. Francis of Assisi's mediating a conflict between the residents of a town and a ravenous wolf that was...
In the Bankruptcy Court for the Southern District of New York, a judge held a hearing upon Order to Show Cause why Wells Fargo, which had been required to participate in a mediation, should not be sanctioned for the conduct of its counsel in that mediation. The mediator testified, Wells Fargo's counsel testified, and...
Giuseppe de Palo and I first met in 1999 or 2000, when I was bowled over the first time I learned about his work with The ADR Center in Rome. Since that time, every occasion I meet Giuseppe I am reminded what a powerhouse of talent, ambition, energy and aspiration...