I like acronyms. They helped me pass Geology in college because memorizing layers of rock formations didn’t come naturally. They also helped me pass the bar exam, because IRAC (issue, rule, application, conclusion) was a proven formula for tackling essays. So, HINT is my acronym for Zoom mediations, based on my experience as a mediator handling these during the past few months. HUMANIZE. Zoom mediations are inherently “cold.” Typical mediations cause folks to …
Mediation Journal
Mediation Strategy: Past Negotiations Can Help Current Preparation
Years ago, I was involved in contract negotiations with an NFL Team. We were negotiating on behalf of a defensive lineman — a position that generally gets little recognition or respect. Yes, it might have been easier and more lucrative to be negotiating for the quarterback. If this was an inherent shortcoming in our situation, we accepted it. Our financial demand was based on comparative analyses and perceptions of value, both current and future, given we were negotiating a multi-year deal. …
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My Approach to “Relaxed Rules of Evidence” in Arbitration
Among the oft-cited criticisms of arbitration is the application of “relaxed rules of evidence.” This criticism is generally verbalized in the context of posing a potential obstacle to success. In my 30+ years of arbitrating cases, I have never seen, or heard of, any case being decided on the basis of evidence that would have been inadmissible in court. Furthermore, the “relaxed rules" approach to admissibility of testimony and documents in arbitration is, in my experience, similar to what the …
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