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Why I Mediate
{the First in an occasional series of articles)Since I began my mediation career just seven years ago, the question that I have heard, almost continuously, from professional friends and ...
Author: Main, Posted on: 2/8/2010 8:27:11 PM Central Standard Time.
9 comment(s).
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 ...
Author: Main, Posted on: 1/8/2010 2:27:54 PM Central Standard Time.
1 comment(s).
Guest Blogger, Learn to Exercise Forgivness for Inner Strength
By Jane HernishinJanuary 7, 10:43 AM Las Vegas Spiritual Pathways Examiner The weak can never forgive. Forgiveness is an attribute of the strong. ~Mahatma Gandhi~Starting off 2010 with the ...
Author: Main, Posted on: 1/7/2010 11:18:04 PM Central Standard Time.
0 comment(s).
Mediating Commercial Relationships
In mediating commercial disputes, once all of the frills are stripped away, the dispute is very typically about money. The money can evince itself in a number of ways: one side paying the other cash; ...
Author: Main, Posted on: 12/8/2009 11:30:20 PM Central Standard Time.
2 comment(s).
The Joys of Giving
At this time of year, everybody, myself included writes paeans to the gratitude we're supposed to feel during this holiday season, and opines that gratitude should not be a seasonal thing. All true, ...
Author: Main, Posted on: 12/3/2009 5:43:29 PM Central Standard Time.
0 comment(s).
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 ...
Author: Main, Posted on: 11/8/2009 3:31:38 PM Central Standard Time.
2 comment(s).
Moving the Goalposts, How To Craft a Mediators Proposal
As a professional mediator, some of my most challenging and, yes, enjoyable moments have come when I've been able to go under the line. That is to say, I've been able to do things to increase the ...
Author: Main, Posted on: 10/27/2009 7:54:03 PM Central Standard Time.
0 comment(s).
Exhilaration and Disappointment
This morning, driving toward the University of Southern California campus, a lot of memories passed through my mind. I recalled attending the High School Debate Institute at USC, in the summer of ...
Author: Main, Posted on: 10/18/2009 12:29:03 AM Central Standard Time.
1 comment(s).
Original Intent v Consistency, and the Constitutional right to privacy
For many years, I've been a bit upset about the original intent faction of the bar, and, more specifically, the progeny of the Federalist Society, who, as a result of 5 out of 7 of the most recent ...
Author: Main, Posted on: 10/14/2009 9:53:40 PM Central Standard Time.
2 comment(s).
Making Settlements Last
A settlement is meaningless if it the parties don't respect it. Parties who don't respect settlements simply see breach as another cost of doing business, accepting further litigation if they see the ...
Author: Main, Posted on: 10/6/2009 12:09:47 PM Central Standard Time.
0 comment(s).
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