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Relationship Repair? Or Just Show Me the Money?

Mediators are trained to detect subtle opportunities for value-adding integrative outcomes: separating positions from interests, offering out-of-the-box suggestions, and looking for ways that the parties can find mutual benefit.

For me, that ended in an early-career EEOC mediation where the ADA claimant, having been offered every accommodation to her disability, refused to withdraw the claim unless she was paid $600,000 — more than twenty times her salary. 

In mediation, as in life, money talks.  And Dwight Golann has recently reported empirical research backing up that conclusion.

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Wikileaks and the First Amendment

A highlight of the 2011 ABA Annual Meeting in Toronto was a session on “Wikileaks, National Security and Free Speech.”  Moderated by Devon Chafee, Legislative Counsel for the American Civil Liberies Union, the panel boasted McInnes Cooper partner and privacy expert David T.S. Fraser; Charles D. Tobin of Holland & Knight; Professor Steve Vladeck of American University’s Washington College of Law; and Lee Williams, Assistant General Counsel to the Cable News Network Inc. Read more »

A Judge Writes about “Problem-Solving Courts”

In preparation for next week’s Annual Meeting of the American Bar Association, I have been delighted to get to know a group of judges who will be offering a program on Saturday afternoon, August 7, on the use of ADR in Business Courts.  One of them, Judge Steven I Platt of Maryland, maintains an interesting blog to which he has recently contributed a thoughtful article on the “why” of dispute resolution in business courts. Read more »

Simple Methods to Determine the Value of Claims

Many parties in mediation — and many of their counsel — consider that a “win” is a deal that gets them the number they asked for, or close to it.  In fact that’s not so, and a mediator provides important value to disputants by assisting them to determine, in a claim that will go to trial in two years and subsequent appeal,  what the “right” number is today.

Here are three easy steps towards assisting parties to value their claims.

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