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All
Bets are Off: Should Mediators and Negotiators Learn Lessons From Poker Players?
by Diane Levin
Here's a follow up to last week's post about the American Bar Association ethics
opinion distinguishing between "puffing" on the one hand and
"false statements of material fact" on the....
The Need for Tweaking Can Be Fatal!
by Perry Itkin
The case settled – no it didn’t; yes it did; no; yes; etc. All mediators
should read the New Jersey opinion Lehr v. Afflitto, 2006 N.J. Super. LEXIS 8
(N.J. App. 2006). It’s a long one, full of....
Business Competition Among Mediators: How a
Scarcity Mentality is Self-Fulfilling
by Tammy Lenski
This morning, fellow ADR pro Dina Beach Lynch and I were chatting and the
subject of competition between mediators came....
When
Your Head and Gut Slug it Out
by Victoria Pynchon
Mr. Thrifty, who has not made an appearance in this blog for some time, trusts
his head more than his gut. Not to engage in gender stereotypes, but when I err,
I tend to....
Tips
for Getting into Business Publications
by Dina Beach Lynch
I've said that part of the trouble with growing the ADR profession is that we
have a very low media profile. It's almost non-existent beyond the traditional
vehicles of mediation and arbitration. Here are some tips from....
Getting
to Yes with Blogging: Time for ADR Practitioners to Join the Conversation
by Diane Levin
This post is the first in a series of essays on blogging for
alternative dispute resolution professionals that will unfold over the course of
the summer. Blogging, after all, is an....
Conspiracy
Theories and Granfalloons
by Vickie Pynchon
Every seasoned trial lawyer knows that in the absence of
critical information, juries simply make stuff up to fill in the gaps. They, and
we, do this semi-consciously and....
It’s Still Just A Duck – Not Mediation!
by Perry S. Itkin
In an earlier post I noted that some ADR processes are called
mediation when, in fact and practice, they are not mediation at all! So, what on
earth is "binding mediation?" In the California case of....
Marketing
ADR: How a Narrow Target Market Broadens Chances for Success
by Tammy Lenski
Many mediators try to do it all, trying to reach a broad market
and doing a little bit in several different arenas. The reasoning, as I
understand it, is that...
Negotiating
in China
by Anthony Cerminaro
Westerners need to know more than basic Chinese
etiquette to negotiate successfully with the Chinese according to...
GETTING
IT STRAIGHT: Understanding Mediator Certification
by Diane Levin
Anyone planning a career in mediation here in the U.S. should be aware that
one of the ongoing debates in the mediation field concerns credentialing
and certification of mediators. It is an issue of great importance to the
profession, generating significant discussion and debate for the past two...
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When
a decision-maker says, “it’s only about money,” he means
that the choice to be made is purely rational and that strong
emotions – feelings – will play no role in the
analytic process to follow. When lawyers say a case is
“only about money,” they are not only saying that
emotional factors will not influence their
decisions. They are often also... 
