Archive for August, 2012

Do You Really Want to Settle?

Tuesday, August 28th, 2012

Dust SettlesLawsuits settle. We settle for less. Dust settles.


Make No Concessions

Tuesday, August 21st, 2012

To make concessions is to let go. To give-up.

Don’t do it. And don’t act like you’re doing it when you’re not.

You’ve got something better you can do. (more…)


Tuesday, August 14th, 2012

Some folks in my line of work think that “collaboration” is an ultimate and absolute value. Nuh-uh. Sometimes it’s time to call it. The best thing for some people in conflict may be to disengage.

My wife worked for an airline owned by a person who was larger-than-life. (more…)

Court as a Thing to Stay Out of

Tuesday, August 7th, 2012

A colleague posted that she just finished writing her awards as an arbitrator in two cases. “At least they stayed out of court” she said.

The choice to arbitrate reflects the particular belief that court is a thing to stay out of.

People like me have been motivated to provide alternatives like mediation because of our dissatisfaction with the court system. We just don’t think that the adversarial process the court uses is best for everybody. It’s geared toward someone else making a decision that’s then imposed on the parties. Instead, mediation is a collaborative process; the parties make their own decisions about how to resolve their disputes themselves.

But the choice to arbitrate, based on a belief that court is a thing to stay out of, says much more than that. It goes deeper than that. And it’s more damning than that. (more…)