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Peacemaking Inside the United Nations
Categories: This & That
I have a friend, now retired, who had a big job for many years at the United Nations organizing peacekeeping missions and overseeing the human resource function. In connection with his HR responsibili…
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Using Demonstrative and Visual Aids at Mediation
Categories: Practice Tips
A picture is worth 1000 words. We all know that, yet few litigators think to bring visual and demonstrative aides to mediation. They’re missing a good bet. My advice? Use them. At mediation. I mean…
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Apology Not Required
Categories: Practice Tips
Much has been written about the role of apology in mediation. The positive impact of a sincere, heart felt apology is well described in the literature. Every experienced mediator has witnessed it. Whe…
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Return on Investment - Mediation Style
Categories: This & That
(Reprinted with permission from the Detroit Legal News, December 27, 2013) In the litigation environment of the second decade of the 21st Century, mediation offers an excellent return on investment. H…
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Impatience
Categories: Practice Tips
“Can’t we cut to the chase?” is a refrain mediators sometimes hear during a caucus. It may reflect frustration with the pace of the negotiations – although sometimes it’s a stratagem to dist…
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Who Should Participate in Mediation - Organizational Parties (Signaling)
Categories: Practice Tips
Deciding on the right persons to attend mediation on behalf of an organizational party is a nuanced and strategic consideration. Should the organizational representative be someone with complete autho…
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Who Should Participate in Mediation - Individual Parties
Categories: Practice Tips
Mediation succeeds when the right parties – almost always the decision makers – are at the table. This is true of plaintiffs and defendants alike. Deciding who should participate is easy for i…
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