In classical mediation training, educators and students learn to distinguish between positions and interests. It may be in both parties’ interest to settle a dispute before going to court, but their position on the matter at hand may make this option difficult to achieve. In...
Advocates frequently “pound the table” when making a point – usually figuratively, but sometimes literally. Making your point forcefully is certainly one way to command attention. But, is it the best way to achieve your goal in mediation? In personal injury and insurance litigation, mediation normally...
Originally published as a paper, read in full [PDF]. Imagine staring up at the flight board at the departure gate in a airport. You’d hope to see the list of flights awash in green lettering saying “On time.” But if you cast your eyes up and...
“I'm being reasonable!” – “They're not being reasonable!” “If they made a reasonable offer, I would make a reasonable offer!” Inevitably and frequently, the word “reasonable” comes up at every mediation. People are bound to view their own negotiation positions and movements as reasonable but frequently...
Multi-party mediations involving multiple plaintiffs, multiple defendants, or both, present an added layer of complexity to the substantive issues under discussion. At minimum, it requires extra effort to try to “herd the cats” when there are more than two parties at the table. Multiple plaintiffs can...
One of the most enjoyable parts of life is listening to someone who “has a way with words.” It may be a talented storyteller or songwriter or maybe it’s a witty person who can always be counted on to add some humour to a situation...
Sometimes I read mediation memoranda that deliver hard hitting points, blunt positions and frank messages that border on being rude or insulting. Invariably, this rather harsh memorandum concludes with “Respectfully submitted”. Mediation memoranda are an excellent opportunity to try to manage the parties’ expectations as...
Mediators may appear to be exceedingly optimistic in the face of disagreement. Why? Because optimism has to start somewhere. All too often, the parties to the dispute, their lawyers or both attend mediation with the belief that the case can’t/won’t/shouldn’t settle. If your mediator doesn't inject...
The 2019 Canada Cup Was The Biggest Professional Squash Tournament In Canada. Cooper Mediation was the presenting sponsor of the the 10th Annual Troilus Canada Cup, which ran from Monday, March 4 through Thursday, March 7, 2019 at a variety of squash clubs in southern and...
Do you ever find yourself returning again and again to a favourite saying? A phrase that just seems to capture the heart of the matter so perfectly that it works for many similar situations? A turn of phrase is a way of expressing something, in...