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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American Institute of Mediation updated an event

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

April 28, 2018 from 9am to 5pm
At the conclusion of the workshop, participants will be adept at implementing strategies to initiate or further develop their mediation practices, including but not limited to:Understanding how their unique skills and experience translate into a distinct market niche;Understanding the core essentials of marketing, advertising, branding and image building;Identifying and capitalizing on the single value added deliverable to which their potential clients will respond;Constructing an…See More
Feb 28
American Institute of Mediation posted an event

Grow Your Mediation Practice Now! at American Institute of Mediation

April 28, 2018 from 9am to 5pm
At the conclusion of the workshop, participants will be adept at implementing strategies to initiate or further develop their mediation practices, including but not limited to:Understanding how their unique skills and experience translate into a distinct market niche;Understanding the core essentials of marketing, advertising, branding and image building;Identifying and capitalizing on the single value added deliverable to which their potential clients will respond;Constructing an…See More
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American Institute of Mediation posted events
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