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Archive for the ‘ Mediation ’ Category


All The Above – Does It Matter?

Posted on June 25, 2014 by Steve Shapiro

In mediation parlance the “All the Above” question has been debated like the chicken and the egg – except most mediators would say that humanity has been mediating even before the chicken.  The question pertains to the manner and fashion that some mediators adhere to a particular style of practice – almost in a fundamentalist way.  Why should consumers of mediation care? In an ABA Commercial...

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Coral, Port Arthur and Dispute Resolution

Posted on June 18, 2014 by Steve Shapiro

Over the past 2 weeks I have had the privilege of viewing the most beautiful colors and shapes of coral that make up the Great Barrier Reef — nearly the size of the US Pacific Coast. I also had the opportunity to travel with my family to Port Arthur, one of the first penal colonies in Australia where the British established their rule in the late 1800′s.  Both diverse regions showed...

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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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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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The Second Course Part 2: Interests

Posted on March 26, 2014 by Steve Shapiro

The interests are often not easily bundled into a list, or clearly called out, but are often lurking below the surface. The mediator/neutral and the principal party will usually engage in a dialogue or an “appreciative inquiry” of understanding why the client is taking a certain view or position on an issue in order to get to the underlying interests. One instructive example involved an electric...

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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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