Parties are often surprised by how long it takes to resolve claims. It doesn’t have to be this way. While some causes are beyond participants’ control, parties can proactively take control of the claim to hasten resolution.
The Groundhog Effect
MAGIC WORDS TO SUCCEED IN MEDIATION
By Teddy Snyder
I recently read Magic Words: What To Say to Get Your Way by Johan Berger. The book does not specifically target legal disputes. Here are some suggestions based on my interpretation of some of his conclusions.
“You’re a Problem Solver”…
The Importance of Note Taking
By Teddy Snyder
Before you engage in any negotiation, you need to prepare by understanding the issues both from your point of view and your opponent’s. It’s not enough to have a general idea. You need to spend some time on this…
HOW NEGOTIATION IS LIKE ART FORGERY
By Teddy Snyder
A big interest of mine is art theft and art forgery. Experts estimate that at least 20-50% of the art in the world’s major art museums and on the commercial art market is fake. How could this be?
The Value…
We're Back!!!!
By Karl Bayer
Well, it’s been a while since we published and that is about to change. Since I spent much of last year becoming associated with JAMS, a lot has happened and I am excited to reboot Disputing Blog.
Hoping to…
The Best Jazz Albums 2024 – A Comparative Survey
By Peter Bert
This is the fourth annual survey of this kind. I have used the same approach as in 2022 and 2023: The table below combines an Anglo-Saxon view of the jazz… Read More
Escape the Tunnel Vision and Settle Faster
By Teddy Snyder
All the necessary parties had gathered for an in-person mediation. But one side said we could not proceed.
“I have just been presented with an expert’s report I have never seen before. I have to depose this expert and probably…
Note Taking During Mediation – Best Practices
By Teddy Snyder
Of course you want to take notes during mediation. You want to record new information as it emerges. You need to keep close track of demands and offers. But participants’ note taking could take away from the value of this…
Be An Architect of Choice
By Teddy Snyder
At every stage in conflict resolution, parties face an array of choices, but they don’t always recognize them.
Can we offer the opposing party more ways to get to an acceptable conclusion? Think of ways to enhance the proposed monetary…
The Anna Karenina Principle of Mediation
By Teddy Snyder
All successful mediations are alike; each unsuccessful mediation is unsuccessful in its own way.
OK, maybe you are more familiar with the actual first sentence of Leo Tolstoy’s 1878 novel Anna Karenina:
“All happy families are alike; each unhappy family…