Reflections on Entering the World of ADR
Utilizing A Special Master/Referee In Complex Litigation: A Mediator's Personal Account
There had been several motions to the court related to discovery issues leading up to my assignment. The parties clearly were having difficulty agreeing on anything and were barely civil to one another. They simply could not agree on even basic issues. You could sense the animus – the exchanges between counsel were palpable.
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.
Mediating Multi-Party Commercial Disputes – A Roadmap for Resolving Complex Matters
Party-Appointed Arbitrators on the Precipice
The Importance of the Preliminary Conference in Commercial Arbitration: Proactively Ensuring the Experience of the Proceeding
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.”
Reflections About the Pandemic, ADR and a Look at What's Ahead
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.
Takeaways From the CLE Program, ADR in Divorce: Fast-Tracking Resolutions
Landlord/Tenant Disagreements – Reaching a Resolution Through ADR
Landlord/tenant relationships were severely strained, if not ruptured, during the pandemic. Base rent was not paid; percentage rents evaporated as tenant businesses atrophied. In many cases, customary building services and amenities were not provided or needed. Now that economic activity is burgeoning again, and there are signs of economic revitalization in the air, we must turn to how to best restructure broken or frayed landlord/tenant relationships.