Publications

Your Side, Your Story – The Advantage Of Being Heard At Mediation

When parties begin telling their story to the mediator, the parties gain better clarity about their case and about their adversary’s positions. A mediator will encourage robust discussion and allow each party to open up and really dig into the facts, details and law supporting their positions. In doing so, the mediator allows each party to tell their story and have their “day in court.”

Valuation Disputes and Disagreements – ADR Could Be the Solution for Dissolution

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.

Reflections on Entering the World of ADR

During my tenure on the trial bench, I always looked for ways to settle cases assigned to me. It seemed the right thing to do. That is, give the parties the opportunity to chart their own course rather than having a stranger, albeit well-meaning, to decide their fate.

Elevating Your ADR Game – Useful Insights And Perspectives | “High Conflict – Why We Get Trapped And How We Get Out”

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

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”

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.”