LA Mediators

Mediators of Southern California

All Blog Posts Tagged 'distributive' (3)

Uncertainty Drives Conflict Resolution

After many years of mediating litigated cases, I find that several threads continually recur. Among the most pervasive are the following:



· Attorneys believe that their analysis of the case is superior to that of their opponent

· Parties believe that the opposing party is insincere in his/her/its position

· Attorneys believe that the opposing witnesses will be surprised by certain evidence when directly confronted by it at trial

· Attorneys believe that they will be… Continue

Added by Alec Wisner on January 8, 2010 at 12:30pm — 2 Comments

Mediating Commercial Relationships

In mediating commercial disputes, once all of the frills are striped away, the dispute is very typically about money. The money can evince itself in a number of ways: one side paying the other cash; one side paying the other in specific performance; one side paying the other by refraining from competing, and so foregoing potential income, and so on. But, when the dust clears, the outcome is generally that money either does or doesn't change hands.



A second characteristic of such… Continue

Added by Alec Wisner on December 8, 2009 at 9:33pm — No Comments

Moving the Goalposts 2 - The Blowback

In my last blog post, I described, at length, my personal methodology in crafting a mediator's proposal. Today, I'm going to consider what I call the "blowback," which is the downside of the method itself. It's something that's always on my front burner whenever I'm actively involved in "moving the goalposts."



There's an important ideological divide between facilitative and evaluative mediation, and it's one that I'm not entirely comfortable with. Let's examine the relative strengths… Continue

Added by Alec Wisner on November 8, 2009 at 5:00pm — 1 Comment

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AIM Institute Advanced Track at the SCMA Annual Fall Conference at The L.A. Hotel Downtown

October 21, 2017 from 8:45am to 5:15pm
http://aiminst.com/advtrack2017In litigated cases, the delivery of mediation in southern California has become increasingly litigator-driven, with disappearing joint sessions, more aggressive negotiation styles between counsel, and more combative communication between…See More
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American Institute of Mediation posted an event
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Mediating Commercial and Litigated Cases with Lee Jay Berman at American Institute of Mediation

November 13, 2017 at 8:30am to November 17, 2017 at 2pm
 ENROLLMENT NOW OPEN!Visit…See More
Aug 4
American Institute of Mediation posted an event
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Mediating Commercial and Litigated Cases with Lee Jay Berman at American Institute of Mediation

May 16, 2017 to May 20, 2017
This program is a practical training course. While covering theory to give you a framework and the intellectual understanding of negotiation and mediation, this course is about learning. Our focus is on your doing, practicing and experimenting with negotiating and mediating. There is much to teach about mediation and negotiation, but one reason mediators fail is because they understand the theory, but cannot execute it when under the gun. In this course, you will mediate and negotiate your way…See More
Dec 16, 2016
American Institute of Mediation posted an event

Grow Your Mediation Practice Now! with Lee Jay Berman at American Institute of Mediation

January 28, 2017 from 9am to 4pm
We volunteer and we gripe.  We go to “networking” events, and don’t feel comfortable there or don’t know what to do.  Many of those trying to establish a career in mediation come from prior careers in law, mental health or education.  These three careers are among the weakest at marketing and self-promotion.  Our industry suffers unnecessarily because so many are highly skilled at mediating, and yet lack the skills that enable them to secure the opportunity to actually mediate.  In this course,…See More
Nov 7, 2016

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