Businesses are continuing to globalize and confront more-sophisticated technological, regulatory, economic and environmental demands (to name just a few). As a result, their problems have become even more volatile, uncertain, complex and ambiguous. Most of their problems transcend traditional practice areas and disciplinary silos, and crisscross geographies and jurisdictions. Together these two trends – […]
By its very nature and judges are sometimes too judgmental because of their educational guide, and lawyers mostly have trouble shedding their role as advocates or they are also conditioned to look at any issies with a legal perspective. In many cases then the ideal mediator may be a non-lawyer. Non-lawyers bring to the table […]
One of the hardest parts of many mediation processes is just getting people to agree to participate. As is explained in more detail in the section on Limits to Agreement: Better Alternatives people are unlikely to be willing to negotiate if they think they can get a better outcome by using another source of power–usually […]
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