May 20, 2019

Does a Prior Relationship With a Party Impair a Mediator’s Neutrality? California Says No

Josh Fruchter
Few fans of the hit television series Law & Order are likely aware that the show gave rise to a real-life California divorce drama in which mediation played a central role. In August 2003, the creator of Law & Order, Richard Wolf entered into a marital settlement agreement (MSA) with..
Read More
Tags:
May 16, 2019

IBM and Groupon Settle Their Patent Litigation by “Expanding the Pie” Mediation Style

Josh Fruchter
“Expanding the pie” is a mediation technique that expands resolution of a dispute beyond purely distributive issues (i.e., how much money A pays to B) to other exchanges of value that create “win-win” solutions for the parties. “Pie expansion” works because, in most conflicts, it’s usually never “just about the..
Read More
Tags:
May 10, 2019

Focus on Business Interests: The Case of the Sinking Warehouse

David Albalah
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..
Read More
Tags:
May 9, 2019

Encouraging Empathy in Mediation: Just Because You Are Right Does Not Mean I Am Wrong

Josh Fruchter
For the inaugural post on the Merge Mediation Group blog, I’d like to briefly discuss the role of empathy in mediating disputes where there is a strong emotional component. That is, in disputes where emotions play a central role, what strategies can mediators employ to encourage disputants to step into..
Read More
Tags: