Perhaps more so than any other situation, in a melting ice cube case, the best outcome for each is a consensual outcome for all. Let me explain. Most legal disputes are over the distribution of value. The value may be inventory, mineral interests, money, equity, contract performance, cessation of activities,…
Tag: timing in mediation
Mediator Insights: Don’t Let the Pigeon Drive the Bus in Mediation
While it may require time, patience, perseverance, and creativity, as a mediator, I truly believe that most disputes can be settled. But just because most disputes can one day be settled, does not mean that all disputes can be settled at any given time. To illustrate, let’s consider Mo Willems’…
Mediator Insights: Receptivity and Resolution (Part 2)
As noted in my prior article, receptivity is being open to listening and accepting new information, ideas, or suggestions. In the context of mediation, receptivity is often the key to resolution (i.e., settlement). Receptivity is also the core focus of Robert Cialdini’s Pre-Suasion: A Revolutionary Way to Influence and Persuade. …
Maximizing the Value of Bankruptcy Mediation
Sylvia Mayer – Arbitrator, Mediator & Attorney – shares her insights on how to maximize the value of bankruptcy mediation. Autonomy. Flexibility. Privacy. Cost Efficiency. Closure. These are some of the many reasons that parties choose to mediate. But once the parties agree to mediate, then what? Below are suggestions…
Is Timing Everything in Mediation?
Sylvia Mayer (Attorney, Mediator and Arbitrator) discusses timing in mediation. Time and timing permeate all aspects of the mediation process, including: When is a dispute ripe for mediation? When are parties receptive to evaluative feedback? When should a mediator’s settlement proposal be made? When should an apology be offered? They…
The Power of a Pause in Mediation
I recently mediated a dispute over money either borrowed (according to one party) or gifted (according to the other party). While nominally the dispute was about money, as is true so often, the underlying conflict was personal. Through opening statements, it became clear that what the parties most needed was…