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The Problem: You think that your client’s pain is so severe and different than the typical client that you value the case higher than the other side will pay. The Solution: Understand what category…

In an unthinkable movement, unseen in Brazil for at least 20 years, the most important cities in the country have witnessed massive street protests over price increases in public transportation in…

  A human resources manager recently asked me for a general list of reasons why a mediation might not settle. While part of me wanted to question the idea of settlement as the goal of mediation (see…

The Law No. 29/2013, which entered into force on 20 May 2013, lays down the general principles applicable to mediation in Portugal. There are many reasons to believe that mediation could develop…

The problem: Many cases involve multiple claims and have limited resources to divide up. For example, if several people are injured and an insurance policy has been tendered, the injured victims have…

 Another new mediation venture in Scotland: last week saw the launch of University of Strathclyde Mediation Clinic (http://www.strath.ac.uk/humanities/lawschool/mediationclinic/ ). While by no means…

In what I hope readers of this blog will consider a deft segue, I want to shift from the successful judicial mediation that I highlighted last month to one that didn't proceed quite so smoothly…

This story is for you if … The process of trading offers back and forth has failed; You want to settle but feel your only move is to threaten to walk out of the mediation. Transaction bargaining is…

 On 4 September 2010, Christchurch – gateway to New Zealand’s scenic South Island – suffered a major 7.1 earthquake and before it could recover a further 6.3 earthquake shook the city on 22 February…