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Archive for the ‘ Commercial Mediation ’ Category


How does Dispute Resolution fit into an “All of the Above” Energy Policy?

Posted on June 5, 2014 by Steve Shapiro

In this one man’s opinion, this question is critical. If we are going to succeed in becoming energy independent, as well as a resource to Western Europe during trying times with Russia, and stewards over the earth; ensuring a safe and toxin free environment for generations that follow, we must understand ADR. The question is critical in this one man’s opinion if we are going to succeed in...

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How Does a Family Business Dispute Differ from a Commercial Business Dispute?

Posted on May 21, 2014 by Steve Shapiro

Every dispute is subject to an understanding of the law. The law presents a clear framework and factual background of each dispute. Understanding the law helps us form both the contractual/business context and the relationships that reveal the way individuals react in times of stress. This relationship piece is often times magnified in family business matters and closely held corporations, even when...

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Distinguishing Discovery

Posted on April 23, 2014 by Steve Shapiro

  In the arbitration context, discovery requests vary greatly, none wider than the U.S. and European practice areas. At its heart, European practitioners have sculpted a discovery and arbitral process that is generally quicker and less expensive than US models. The European practice around discovery is focused on document requests and in turn careful analysis that drives the order of witnesses,...

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Why Spend So Much Effort in Preparing for the Preliminary Hearing

Posted on April 16, 2014 by Steve Shapiro

The Preliminary Hearing shapes the integrity and success of the entire dispute process. How parties prepare for an arbitral hearing, and how opposing counsel work together to clear through as many issues in advance of the hearing as possible, will shape the course of a successful prelim and provide the foundation for a solid and fair outcome. First and foremost, which you have probably accomplished...

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Back to the Table and Another Course: Problem Solving and Options

Posted on April 9, 2014 by Steve Shapiro

Tired of dining? I hope not – there is plenty of food for thought when planning this next table. If you have been following the outline you understand that counsel has presented the strengths of their case to the opposing side and the principal at the table has carefully begun to assess litigation risks. After the legal discussion, the principals discussed their business case, concerns, interests,...

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The Second Course Part 1: Focusing on the “Why” of Mediation

Posted on March 19, 2014 by Steve Shapiro

Interests At the start of a second day of mediation, the utility executive states “ We are prepared to leave the mediation if there is any more talk about interests.” How do you respond to this demand? We just completed a session delving into legal theory, facts, and argument in an attorney driven dialogue that permitted the decision makers at the table to quickly assess risk about its case. Now...

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The First Course: Legal Discussion and Counsel During Mediation

Posted on March 12, 2014 by Steve Shapiro

Legal Discussion – Counsel In our previous message we discussed setting the table and having all parties and counsel prepared for the mediation session. Proper and efficient preparation brings a sense of ownership and pride so that each participant understands its roles and anxieties are lifted about what to expect during the session. We have all seen too often in mediation when counsel steps into...

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Setting the Table: Understanding Bob Mnookin’s Perspective on Mediation

Posted on March 5, 2014 by Steve Shapiro

Professor Bob Mnookin succeeded Roger Fisher at the turn of the millennium at Harvard. Professor Mnookin, along with Professors Gary Friedman and Jack Himmelfarb, have brought a perspective on mediation that very few traditional practitioners have either learned or adopted. The core principle in this teaching is the blending of a series of table talks into a comprehensive and intensive mediation session...

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A Personal Perspective on the Legacy of Roger Fisher

Posted on February 27, 2014 by Steve Shapiro

There are few men or women who have changed the culture of negotiation like Professor Roger Fisher who passed away on August 27, 2012. His impact on the field of Dispute Resolution and Negotiation is not unlike Steve Jobs and Bill Gates on the world of computing, Phil Jackson or Vince Lombardi in coaching, and Nelson Mandela on the world of apartheid. I feel honored to have studied and experienced...

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