In the years since I began my mediation practice, I’ve been fortunate to develop strong client relationships and have over 1,000 mediations under my belt. I have found that when a mediator effectively facilitates a negotiation, whatever the ultimate outcome, plaintiff and defence lawyers and...
Dispute resolution is not restricted to the human world. We have heard the expression "it's a dog eat dog world". In fact, this phrase originates from a Latin phrase which translates to "dogs do not eat dogs". This implies that only people driven by survival...
There’s an old medical adage that an ounce of prevention is worth a pound of cure. Anticipating a problem and preparing for it can often eliminate it completely or substantially reduce future complications down the road. It’s a lesson counsel representing clients at mediation would...
At some level, all strong communicators are good storytellers; good storytellers will tell you that a story must have a purpose and follow a path. Knowing what you want to say is a precursor to everything that follows, but deciding on a path to convey...
There is a common view that when mediation produces a settlement, it has been successful and, conversely, where mediation fails to produce a settlement, it has been a failure. Needless to say, mediators, us included, would prefer not to characterize a mediation which does not...
Mediation is a very complex and dynamic process. That said, I have tried to set out my thoughts on five things you need to know and consider as you prepare for and conduct a mediation. Mediation is an Opportunity Mediation has been defined by some...