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 New York Times' November 18, 2010 edition featured a letter by Carl Schiffman of Queens, NY, that brought out concerns that many of us in the problem-solving profession have entertained, concerning the limitations of the mediator's role. He wrote: Mr. Obama's campaign vow to rise above partisanship was much more than mere talk;...
It is hard (we hope) to find exceptions to the general rule that statements made in mediation are inadmissible. However, Judge J. William Ditter of the U.S. District Court for the Eastern District of Pennsylvania has held that some party statements can be admissible -- such as statements to the effect...
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....
A sobering -- even frightening -- panel at the IBA's Vancouver conference addressed negotiation in volatile, politically charged and dangerous circumstances -- pushing the boundaries of mediation past the purely commercial, into a world where lives may depend on the skill and success of the negotiator or mediator. Maritime pirates off...
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...
My mentor at CPR Institute, former Olin General Counsel Peter Kaskell, once wrote an amusing article called something like "The 10 Worst Reasons Not to Mediate." I have to find it one day and rip it off as a post. But I myself had recent occasion to deal with one of...