What gets us into trouble is not what we don't know. It's what we know for sure that just ain't so.

- Mark Twain

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Blog

Welcome to my Mediation Blog.  Thank you for taking a look.  I hope you find something here worthwhile or useful.

Sep
19

Why Mediators Should Never Say "Never"

“Never give in, never give in, never, never, never, never….” Winston Churchill. Quoted in Churchill and Orwell, the Fight for Freedom by Thomas E. Ricks, Penguin Press 2017 If the parties to… Read More
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May
31

What "The Blind Men and the Elephant" Can Teach Us About Perspective at the Mediation Table

Frequently, disputes arise out of the different perspectives of the parties. Parties may observe the same facts but their perceptions of what happened and why may turn on where they stood, what role t… Read More
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May
11

The Vanishing American Trial and Its Implications

For many years ADR, alternative dispute resolution, meant arbitration. Arbitration was thought to be a quick and inexpensive private and confidential alternative to the traditional jury trial. Over ti… Read More
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Sep
12

Book Review: Opinions—Essays on Lawyering, Litigation and Arbitration, the Placebo Effect, Chutzpah, and Related Matters

 “To be good is noble, but to teach others how to be good is nobler—and less trouble.” Mark Twain (1906) So begins this wonderful collection of essays by two of our funniest, most thoughtful, l… Read More
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Sep
12

BOOK REVIEW: "Opinions—Essays on Lawyering, Litigation and Arbitration, the Placebo Effect, Chutzpah, and Related Matters"

“To be good is noble, but to teach others how to be good is nobler—and less trouble.” Mark Twain (1906) So begins this wonderful collection of essays by two of our funniest, most thoughtful, lea… Read More
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Jun
7

R.E.S.P.E.C.T.: Why It Matters at the Mediation Table (Previously published in "Spotlight," the Oakland County Legal News)

Consider the range of emotions parties sometimes experience as they become embroiled in litigation:  frustration, regret, self-doubt, aggravation, anger, bitterness, depression, anxiety, disappointme… Read More
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Sep
4

How the Greek Financial Crisis Resembles a Mediation

Negotiations between the Greek government and the European Economic Community were much in the news this summer. In the wake of the refugee crisis, the financial crisis has been driven off the front p… Read More
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Jul
2

Understanding Party Objectives & Goals: Arizona Settles Firefighter Death Cases

On June 29, 2015, the New York Times reported on the settlement of two wrongful death law suits against the State of Arizona brought by family members of firefighters killed in a terrible wildfire tra… Read More
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Apr
27

Mediators and Arbitrators: A "Stark" Contrast

Many ADR providers offer both Mediation and Arbitration services, but are the skill sets they offer in each different?  If so, how?  I spoke on the topic of mediation recently to the National Acade… Read More
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Jan
26

What Makes a Good Listener?

Listening is essential to good communication.  Listening is even more essential to the mediation process. Parties should listen to one another.  They might learn something new; or hear something sa… Read More
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