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Tag Archives: mediation

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: Beware the urge to win. It can backfire.

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

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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