July 2, 2019
My colleague Josh recently blogged about strategies for handling confirmation bias in mediations. He mentioned I had used a high low agreement to successfully address confirmation bias in an insurance-related mediation. I’ll discuss that case in this post. A start-up title insurance agency (funded by a prominent private equity firm),..
Tags:June 11, 2019
I’ve occasionally read about disputes that were resolved in whole or in part through a charitable donation. I recently had an opportunity to use this technique to mediate a dispute between a landlord and a tenant over the condition of the premises vacated by the tenant at the conclusion of..
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Tags:June 7, 2019
Breaking an impasse at mediation over price requires creativity. But before a mediator can make progress, he or she needs to uncover and understand the unspoken psychological, emotional, legal or other obstacles that are preventing either or both of the parties from making any further moves. In one case I..
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Tags:May 10, 2019
With nearly 30 years of experience mediating business conflicts, it remains my firm conviction that to consistently reach mutually beneficial settlements of commercial disputes, the mediation process must be structured to enable business decision makers to address the underlying business interests of the dispute. One of the expectations emerging from..
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