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Tag Archives: Jeff Trueman

Mediators can help bridge gaps in communication

In some instances, managing a client’s expectations may be more difficult than negotiating with the other side. Litigation is stressful and clients respond to stress differently. Most have not been cross-examined before. Feelings of loss and frustration are common – ...

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Responsive strategies that help parties save face in mediation

The techniques discussed here rely on the participants’ trust in the mediator, which must be established fairly quickly in mediation. If the parties and counsel do not trust the mediator, they will not follow her suggestions regarding process, concessions, bargaining, ...

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‘Saving face’ in employment mediation

Employment law disputes can be tough to settle. These disputes center not only on employment practices, but also on deeply held personal views of worth, honor and status. Parties draw lines in the sand over their take on the law ...

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Jeff Trueman: Mediators in the culture of litigation

More than 10 years have passed since Randall Kiser and his colleagues documented how often and at what cost attorneys obtain a result worse than what could have been achieved by accepting their opponents’ pre-trial settlement proposal. Generally speaking, Kiser ...

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Jeff Trueman: What happened to the problem-solving lawyer?

Gavel

  Why do so many litigators grasp defeat from the hands of victory at the mediation table? In other words, why do some lawyers revert to trial arguments or bicker with each other during settlement discussions, even when the parties ...

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