“The Understanding Based Model of Mediation,” from The Program on Negotiation at Harvard Law School Executive Education

In 1994, the United States District Court for the District of Vermont adopted an Early Neutral Evaluation program. It required that nearly every civil case on its docket be “evaluated” before being set for trial. I was fortunate to be Read More …

Think you Know all There is to Know About Negotiating? Think Again!

If there is one thing that almost all lawyers do, it is negotiate. Business lawyers do it. Litigators do it do it. Real estate lawyers do it. I suspect that even patent lawyers do it. Most of us think we Read More …

An Adventure in Lawyer’s Poker: Making Smarter Decisions When You Don’t Have All the Facts

Thinking in Bets: Making Smarter Decisions When You Don’t Have All the Facts By Annie Duke (Portfolio/Penguin: New York 2018). As a lawyer who strives to give clients objective advice, reading Thinking in Bets was a refreshing challenge. I am Read More …

When Counseling Clients, Take A Broad View of the Problem

Mediation as a Human Resource Tool I happened across an article recently entitled, How to Tackle Employee Disputes at Small Business, from Great Britain’s Telegraph. The writer, Anna Isaac, argues that “[u]gly conversations and lost working days can be avoided Read More …