This is the complete interview by Robert Benjamin with Larry Susskind, a leading public policy mediator, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
“Joint sessions are a waste of time,” said the judge conducting a mediation in which I was representing one of the parties.
Remember, we are not just developing an individual practice. We are reshaping a legal culture, while building an industry.
In response to my question, “Do you use “BATNA” wrong?,” I plead guilty, with an explanation.
Good relationships rarely happen by chance. They happen by choice, when people choose to do stuff that facilitates friendship and connection.
This article will explain why the First Department was wrong in 2015 when it unanimously affirmed a lower court’s arbitration decision.
Guerilla warfare is unconventional. Instead of relying on large, slow moving armies and doctrines of overwhelming force, guerillas depend on invisibility, highly portable weapons, quick ambushes, booby traps, and hundreds of pressuring tactics that achieve practical offensive or defensive results.
The other day a coaching client told me that she became angry at a man she works with who criticized how she managed a situation.
When you’re tempted to dismiss someone’s concerns as trivial, or roll your eyes at the things people find to fight over, it’s time to sit up straight and pay attention.
Pre-mediation summaries give an advocate the latitude to set a non-adversarial tone conducive to joint problem solving
Having reviewed negotiation publications and listened to colleagues, I can confidently assert that most of us grossly misuse the term “BATNA.”
As a kid, I remember using the phrase “mind your own beeswax” – instead of mind your own business – as a reaction to others who were being nosy.
Finally discover how to quantify the direct and hidden Costs of Conflict.
The logic behind the time-out method is that if you remove the child from a fun surrounding when they do something wrong, then it will eliminate that behavior.
Researchers concluded that “‘People intuitively chose to become angry… They believed they would become more effective competitors.’”
Even though some would reasonably argue that compassion could make true reconciliation a possibility, what seems apparent is that compassion could at least reliably function as a detector that filters possible solutions from impossible ones.
The ABA Section of Dispute Resolution Task Force on Research on Mediator Techniques recently released an excellent report really worth reading.
As they say, if two people always agree, one of them is unnecessary.
In the spirit of Honest Abe, New York again celebrated Mediation Settlement Day on October 18 this year with a host of activities designed to promote mediation as a means of resolving disputes without going to court.
Some debates, arguments, and bickering go on and on, without leading anywhere (except to more frustration).
Mediations and their participants never cease to amaze me.
Donna Shestowsky at UC Davis School of Law has been researching the relationship between litigants and court ADR programs for quite a while.
When we’ve put in effort to solve a problem, we want our solution, decision, or agreement to have every chance at long-run success.
The article describes the authors’ experience teaching a six session course called “Think Like a Mediator” on conflict resolution to inmates at the women’s jail facility (the Rose M. Singer Center) at Rikers Island in New York City.
Many incorrectly associate “active listening” with aggressive listening, where we constantly search for a slip up or error upon which we can pounce.