Recently, I conducted two mediations that revealed the importance of flexibility, creativity and being prepared. The first one was an alleged wrongful termination case in which the employer was disputing that the alleged employee was even terminated. According to the alleged employer, the alleged employee quit while the employee claimed [Read More]
In many mediations (including those I have conducted), there comes a point when the parties are at an impasse: they are stymied in reaching a settlement. The plaintiff wants more, and the defendant believes it has already offered too much. The parties want to settle but do not know how [Read More]
It is often said that to resolve disputes, the respective needs and interests of each party must be met. Indeed, this is the thesis of Getting to Yes by Fisher and Ury, the seminal book on negotiation strategy and resolving conflicts. Although the parties did not set out to do [Read More]
