Publications

VALUATION DISPUTES AND DISAGREEMENTS – ADR COULD BE THE SOLUTION FOR DISSOLUTION

Posted on Aug 08, 2022

Some of the most contentious legal disputes that confront attorneys center on valuation of property that is the subject of competing claims. Avoiding coming to grips with detailed valuation issues, and the concomitant need for expert testimony, by putting the property up for sale, and letting the market determine the value, is often not possible, or not feasible, or simply undesirable to one or more of the parties.

ELEVATING YOUR ADR GAME – USEFUL INSIGHTS AND PERSPECTIVES | “High Conflict – Why We Get Trapped and How We Get Out”

Posted on Mar 15, 2022

Healthy conflict is a productive exchange of differing ideas, that pushes us to arrive at better solutions. In healthy conflict, our minds remain open with the recognition that none of us have all the answers when questions ultimately arise. We listen to each other, compromise, and craft solutions which, while imperfect, work for all concerned. High conflict is another matter altogether.

PARTY-APPOINTED ARBITRATORS ON THE PRECIPICE

Posted on Dec 01, 2021

In most commercial and international arbitrations, arbitrators must be neutral and impartial. In other words, even if the arbitration agreement permits each side to select their arbitrator, those party-appointed arbitrators must still act impartially.

ELEVATING YOUR ADR GAME – USEFUL INSIGHTS AND PERSPECTIVES | “Never Split the Difference: Negotiating As If Your Life Depended On It”

Posted on Nov 16, 2021

The core of Chris Voss’ approach to negotiation in his book "Never Split the Difference: Negotiating As If Your Life Depended On It," is the use of what he terms tactical empathy. In brief, tactical empathy is a combination of true active listening, establishing connection, and framing the negotiation. As Voss writes, “Negotiation as you’ll learn it here, is nothing more than communication with results.”

REFLECTIONS ABOUT THE PANDEMIC, ADR AND A LOOK AT WHAT'S AHEAD

Posted on Nov 10, 2021

I questioned whether attorneys would want to use this new technology? Admittedly, I considered myself somewhat technologically impaired, but what choice did I have? Surprisingly those early days went smoothly, and for the most part the transition was a smooth one, not only for myself, but for my fellow mediators, as well as the bar.