What is the Negotiator’s Dilemma? How to Use It?

Negotiators often face a dilemma in negotiation—should I claim this value for myself and force the other side to concede, or should I work to create value here so that I can claim more value for myself later on?  This dilemma forces many negotiators into positions that they do not want to be in, and …

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Fairness and Neutrality in Mediation

Fairness and Neutrality

Allen Brent smirked across the negotiating table at Sheila. “You know, Ms. Baker, you haven’t got a snowball’s chance of winning. I’m authorized to offer you three months’ salary and a waiver of costs in return for complete dismissal, No more.” “Three months! That’s unfair. Renee got a year! And she didn’t have my medical …

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Lee Jay Berman accepted into Who’s Who in ADR

Who’s Who in ADR is an Invitation-Only Worldwide Roster of Top Caliber Mediators and Arbitrators Who Exemplify ADR Excellence.  November 14th, 2022 Irvine, California — One of America’s most respected ADR trainers, coaches, and mediators, Lee Jay Berman of American Institute of Mediation and Mediation Offices of Lee Jay Berman, has been accepted into the inaugural …

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Forrest S. Mosten accepted into Who’s Who in ADR

Who’s Who in ADR is an Invitation-Only Worldwide Roster of Top Caliber Mediators and Arbitrators Who Exemplify ADR Excellence.  October 24th, 2022 Irvine, California — Forrest “Woody” Mosten, mediation pioneer and accomplished family collaborative lawyer of Mosten Mediation, bestselling author of numerous books, educator, and sought-after trainer of the Mosten Guthrie Academy, has been accepted into …

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Hon. Layn R. Phillips accepted into Who’s Who in ADR

Who’s Who in ADR is an Invitation-Only Worldwide Roster of Top Caliber Mediators and Arbitrators Who Exemplify ADR Excellence.  October 10th, 2022 Irvine, California — Hon. Layn R. Phillips, former United States District Judge of the US District Court for the Western District of Oklahoma, accomplished commercial Mediator, Arbitrator, and CEO of Phillips ADR Enterprises (PADRE), …

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Class Action Waivers Explained

Class Action Waivers

With the rise of arbitration as a way to resolve many consumer and employment disputes in somewhat recent history, it has become more common for companies to begin including class action waivers in their consumer and employment contracts. For example, the Microsoft Advertising Agreement includes a section labeled “Arbitration Agreement and Class Action Waiver.” This …

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Jeff Kichaven, Esq., accepted into Who’s Who in ADR

Who’s Who in ADR is an Invitation-Only Worldwide Roster of Top Caliber Mediators and Arbitrators Who Exemplify ADR Excellence.  September 26th, 2022 Irvine, California — Jeff Kichaven, Esq., accomplished independent Commercial Mediator of Jeff Kichaven Commercial Mediation, has been accepted into the inaugural edition of “Who’s Who in ADR” by ADR Times – the foremost dispute …

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Bill Eddy, LCSW, Esq, accepted into Who’s Who in ADR

Who’s Who in ADR is an Invitation-Only Worldwide Roster of Top Caliber Mediators and Arbitrators Who Exemplify ADR Excellence.  September 12th, 2022 Irvine, California — Bill Eddy, LCSW, Esq., accomplished lawyer, therapist, mediator, author, keynote speaker, and Chief Innovation Officer and Co-Founder of the High Conflict Institute, has been accepted into the inaugural edition of “Who’s …

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Dr. Ken Cloke accepted into Who’s Who in ADR

Who’s Who in ADR is an Invitation-Only Worldwide Roster of Top Caliber Mediators and Arbitrators Who Exemplify ADR Excellence.  August 29th, 2022 Irvine, California — Dr. Ken Cloke, distinguished Mediator, Dialogue Facilitator, Conflict Resolution Systems Designer, Teacher, Public Speaker, author of numerous books and articles, and a prominent Leader and Pioneer in the field of mediation, …

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