July 23, 2019

Five Key Psychological Principles at Play in Mediations

Josh Fruchter
In several of our past blog posts, we’ve referenced various psychological principles applicable in mediations. An awareness of psychological principles can help mediators understand why parties have taken certain positions or why they are behaving in a certain way, as well as anticipate how parties may respond to a mediator’s..
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July 15, 2019

Can Mediators Add Value in the Transactional Context by Rescuing Deals at Risk of Falling Apart?

Josh Fruchter
Traditionally, mediators have helped parties resolve disputes already in litigation. Some of our recent blog posts, however, have discussed how mediators can help nip disputes in the bud before they escalate into litigation in contexts such as estate planning, family businesses, and the workplace. The idea being that lawyers should..
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July 10, 2019

Bracketing in Mediation: When to Use It and Why It Works

Josh Fruchter
Participants in mediations will be familiar with bracketing — a technique widely used by mediators to bridge seemingly insurmountable gaps between what one side is offering and the other side is demanding. Why bracketing works offers a fascinating glimpse into the psychology of negotiation and mediation. Let’s assume a plaintiff..
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July 8, 2019

The Benefits of Preventative Workplace Mediation: Resolving Discrimination Complaints Internally Before a Charge is Filed

Josh Fruchter
A recent article (link below) in the Richmond Times-Dispatch by Karen Michael discussed efforts by the Equal Employment Opportunity Commission (EEOC) to encourage mediation after receiving a charge of discrimination. The article cited several benefits to employers who engage in mediation of discrimination complaints through the EEOC’s program. The article..
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May 29, 2019

Why Didn’t Amazon and New York City Mediate? A Pitch for Transactional Mediation

Josh Fruchter
It seemed a match made in heaven. On November 13, 2018, after over a year of entertaining bids, proposals and presentations from over 100 cites, Amazon announced that it had selected the Long Island City, Queens neighborhood in New York City as one of two locations for its new headquarters..
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