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Negotiation 101: What Parties Should Know about Negotiations at the Mediation Table
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INTRODUCTION For many, especially those new to the process of settling legal disputes, negotiations across the mediation table are like nothing the parties have ever experienced before. The purpose of…
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PREPARING FOR YOUR FIRST MEDIATION: A Step-by-Step Checklist for Advocates
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Review the file from top to bottom Mediation is likely to be the closest your client gets to having their day in court. Consider preparation for it as the moral and functional equivalent of preparing…
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Why Mediators Should Never Say "Never"
Categories: Practice Tips
“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…
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What "The Blind Men and the Elephant" Can Teach Us About Perspective at the Mediation Table
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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…
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R.E.S.P.E.C.T.: Why It Matters at the Mediation Table (Previously published in "Spotlight," the Oakland County Legal News)
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Consider the range of emotions parties sometimes experience as they become embroiled in litigation: frustration, regret, self-doubt, aggravation, anger, bitterness, depression, anxiety, disappointment…
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"Keep this to Yourself; I'm saving it for Trial!"
Categories: Practice Tips
One essential element of the mediation process is trust in the mediator. I’m referring in particular to the kind of trust which gives parties and counsel comfort they can share sensitive information…
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The Vanishing American Trial
Categories: Practice Tips
Tried a case lately? No? How long has it been? If your trial skills are getting rusty, you’re not alone. “Over the past 200 years, litigation in federal courts has continually changed. The…
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When Can We Talk About Money?
Categories: Practice Tips
I attended “Springboard” last week, an education program jointly sponsored by the Labor and Employment Law and the ADR Sections of the State Bar of Michigan. This year, Springboard focused on effe…
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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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