All Blog Posts (2,547)

Moving the Goalposts 1: How To Craft a Mediator's Proposal

As a professional mediator, some of my most challenging and, yes, enjoyable moments have come when I've been able to go "under the line." That is to say, I've been able to do things to increase the size of the pie that was presented to me when I first entered the room. Perhaps I was able to assist the parties in re-establishing a business relationship that had gone south and ended in litigation. Or maybe I was able to provide a safe… Continue

Added by Alec Wisner on October 27, 2009 at 9:00pm — No Comments

Exhilaration and Disappointment

This morning, driving toward the University of Southern California campus, a lot of memories passed through my mind. I recalled attending

the High School Debate Institute at USC, in the summer of 1965, prior to

my senior year, and, as an unknown, being named second speaker, behind Roy Shults. I remembered how the lessons learned their got me to the 1966 state finals in extemporaneous speaking, where I finished 3rd, behind Roy…

Added by Alec Wisner on October 17, 2009 at 1:30am — No Comments

Original Intent v Consistency, and the Constitutional right to privacy

For many years, I've been a bit upset about the "original intent" faction of the bar, and, more specifically, the progeny of the Federalist Society, who, as a result of 5 out of 7 of the most recent Presidential terms worth of conservative Republican court nominations, have come to dominate the Federal judiciary. For one thing, I've always thought it fantastic that these scholars were so apt at reading the minds of those who lived in a… Continue

Added by Alec Wisner on October 14, 2009 at 11:00pm — No Comments

Making Settlements Last

A settlement is meaningless if it the parties don't respect it. Parties who don't respect settlements simply see breach as another cost of doing business, accepting further litigation if they see the overall result to be profitable. An all too common example may occur when a large small vendor is owed money by a large retailer. In a typical scenario, the

vendor needs prompt payment to remain healthy and a continuous flow of sales and…

Added by Alec Wisner on October 6, 2009 at 1:00pm — No Comments

Another Day, Another Marvin

Today, I conducted a very contentious six hour mediation. The rubric of

the case was legal malpractice. The underlying case involved a suit by

the live-in girlfriend of a deceased celebrity, under Marvin, for

quasi-contractual recovery of as much as $2 million dollars. The

malpractice itself was, as I saw it, clear. The damages, though, as is

the usual case, were very slippery. The case was either going to be…

Added by Alec Wisner on September 21, 2009 at 9:30pm — No Comments

Mediation Happens When You Least Expect It

Because many of you reading this newsletter are professionals in the ADR field, professionals who utilize ADR and/or people who have a personal interest in mediation, it becomes habitual to think of mediation as a process by which a trained professional sits down with two disputing parties, typically in the framework of litigation, a divorce, or some sort of legal-based conflict, and tries to move the two sides to resolution without… Continue

Added by Alec Wisner on September 10, 2009 at 9:00pm — No Comments

The Texas Conflict Coach® August Radio Programs

The Texas Conflict Coach® Blog Talk Radio program announces our "Back to School" series.

The following episodes will air every Tuesday from 5:00-5:30 pm PST/7:00-7:30 pm CST/ 8:00-8:30 pm EST.

To participate, go to the designated…


Added by Patricia M Porter on November 30, 1999 at 12:00pm — No Comments

Monthly Archives













@ADRHub Tweets

ADRHub is supported and maintained by the Negotiation & Conflict Resolution Program at Creighton University


© 2019   Created by - Creighton NCR.   Powered by

Badges  |  Report an Issue  |  Terms of Service