While it is obvious that law is significant in legal disputes, how the law is used is not so obvious.
This piece uses Oliver Wendell Holmes's famous definition of the law as “prophecies of what the…
I was puzzled to get an email from a mediator thanking me for my recent post, which advocated using a unified conceptual framework of unbundled mediation interventions.
The puzzling part was that she…
A quarter century ago, Professor Leonard Riskin published an article describing a grid of mediator orientiations including a facilitative-evaluative dimension. Despite critiques of this framework,…
“Managing a Client’s expectations and advising them on a course of action turned out to be far more difficult than negotiating with the other Party.” So wrote newly-minted Indian lawyer Varsha Manoj…
In 2015, I retired as an American law professor. For most of my career, I used some of the basic concepts of our field such as negotiation, BATNA, positional vs. interest-based negotiation, and…
The deeply-felt norm of conducting mediation on a single day is eroding as everyone adjusts to the realities of the coronavirus crisis and people appreciate the benefits of spreading out the process…
