Category Archives: Uncategorized

Quit While You’re Ahead

Mediation is facilitated negotiation, so it’s good for mediators to pay attention to what happens in negotiation. I had two recent experiences that reminded me of a key negotiation principle, “quit while you’re ahead.” In one case, I hadn’t gotten points in my airlines reward program. I made my case over the phone for why […]

Thoughts on Mediator Disclosures

A Michigan mediator was hauled before the Attorney Grievance Commission for failing to disclose the full extent of her social relationship with one party’s attorney in a divorce case she mediated and arbitrated. I wrote up some thoughts about it, and the Michigan Dispute Resolution ADR Journal published them in their recent Fall 2019 issue, […]

Exemplary Apologies?

Sometimes it’s a relief to imagine apologies carried too far. Check this out for some light-hearted humor around apologies:        

One-Man ADR

There are Alternative Dispute Resolution (ADR) processes, and then there’s Ken Feinberg. Mr. Feinberg has become a one-man process unto himself, a unique blend of mediation and arbitration, completely outside the judicial system. Michael Lewis, in his podcast series “Against the Rules,” interviews Mr. Feinberg and delves into aspects of his power and authority, in […]

Stop Apologizing?

As a follow-on to yesterday’s post about a speaker who tells women to stop saying they’re sorry, now there’s a book with a similarly arresting title, “Girl, Stop Apologizing.” Like Speaker Maya Janovic, Author Rachel Hollis isn’t really telling people/women/girls not to take responsibility for wrongs done to others; instead, she’s trying to empower women […]

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