If you are getting divorced, you probably have a lot of questions about the process and the available options for divorce, including, “Dow does divorce mediation work?” Divorce mediation is one of the many alternatives available to people who are getting divorced that helps keep the arguments and divorce out of the court system. It …
By Scott Van Soye Negotiating price (or a settlement amount) can be a long and frustrating process. Think about the last time you bought a car. Exhausting, wasn’t it? And yet research has shown that the outcome is often predictable. Professor Peter Robinson of Pepperdine University reports that such negotiations usually end with an agreement …
Those who are injured in auto accidents and are facing mediation may question what happens at mediation for auto accidents. Auto accidents are difficult circumstances, and dealing with insurance companies to try and recover from injuries can add to the difficulty. Negotiations with insurance companies can often come up short of an agreement because insurance …
After a long day of negotiations, the parties have finally agreed on a way to resolve the case and settle their dispute, however, there is still one more decision to make—whether to put that agreement in a stipulated judgment or a settlement agreement. On the surface, the two options look very similar. Both include the …
By Scott Van Soye George nervously drummed his fingers on the desk. He was torn. On the one hand, he’d known this lawsuit ought to settle the moment Brad Givens retained him. The facts were weak, the law was unsettled, and Brad could make real money in partnership with the defendants, if they could stop …
Physics defines power as work divided by time. Work, in turn, is the application of force in a direction. Power, then, can be thought of as the ability to get things moving (more) quickly in a desired direction. The same definition applies in social interactions like negotiation. Power is the ability to get desired things …
By Dale Eilerman The word “and” is short but powerful. It connects as well as includes. It adds rather than negates. The word “and” provides energy in collaboration and contributes momentum toward synergy. This word enables people with differing perspectives to find common ground. It can supply motivation when opposing parties may be losing hope …
By Terri Lubaroff We’ve all dealt with a “difficult personality.” This is the person we are afraid to run into on the elevator at work, the family member who never fails to offend, or the jerk at the furniture store who refuses to refund your money on a delivery that was never made. The difficult …
By Kristofer Michaud Family mediation evolved separately from civil and commercial mediation because it addressed specific needs and concerns, and faced different challenges. Unlike in civil mediation, where the subject of mediation can be any claim traditionally litigated in tort or contract, family mediation deals chiefly with dividing marital assets, determining child custody and visitation, …
By Jeffrey Krivis There are two eternal truths about litigated cases: 1) There is a tremendous likelihood the case will be settled without trial; 2) The settlement could occur any time from the moment the case is filed until the eve of trial. That vacuum of time provides many favorable and unfavorable opportunities to negotiate …