ADR Blog

This article has been published in the PLI Chronicle, https://plus.pli.edu. Early in the pandemic, I posted a blog with my thoughts on Zoom Mediations. In short, and not surprisingly, as a full-time mediator I was concerned about the impersonalization that threatened the process. My acronym, HINT, provided some guidance to Humanize, Individualize, Navigate, and Triangulate the Zoom Mediation. My hope was that participants, including the mediator, would self-correct for the lack of …

[Read more...] about Mediations Via Zoom: Resistance, Reluctance, Reality

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 …

[Read more...] about Zoom Mediations – My HINT for Success

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. …

[Read more...] about Mediation Strategy: Past Negotiations Can Help Current Preparation