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Tag Archives: mediation

Responsive strategies that help parties save face in mediation

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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

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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: Beware the urge to win. It can backfire.

Jeff Trueman

Litigation arouses competition, an urge to win. Some lawyers have a hard time dialing it down even when the parties want to settle. Many lawyers overemphasize their role as zealous advocate at the expense of other, equally important roles – ...

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After mediation fails, college segregation case returns to 4th Circuit

The 4th U.S. Circuit Court of Appeals, housed at the Lewis F. Powell Jr. U.S. Courthouse in Richmond, xxx (U.S. General Services Administration)

Litigation over segregation at Maryland’s colleges will return to the 4th U.S. Circuit Court of Appeals after six months of court-ordered mediation failed. The 4th Circuit in January ordered the parties, the Maryland Higher Education Commission and a coalition representing ...

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Mediation in a complicated world

Steven Platt

  This writer’s 21st-century “branding” is as a “senior judge” when I am recalled to sit as a trial court judge or as a mediator for the Court of Special Appeals or for a trial court. When I am not ...

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Jeff Trueman: Mediators in the culture of litigation

Jeff Trueman

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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