Michelle A. Reinglass ADR
alternative dispute resolution / mediation
Mediation Tip: Preparation for the "valuation" discussions at mediation
Michelle Reinglass ADR
I do pre-mediation calls before mediations, in fact I think they are so important that I set aside a day to have a separate call with each lawyer in each of the week's mediations.
An interesting "trend" has been observed, specifically an absence of discussion about eac...
Mediation Tip: How to turn a negative experience into a positive one - just need a little mind-shift
How to turn a negative experience into a positive one- just need a little mind-shift
A shared Northern Lights experience and the Power of Listening
When people are in dispute or conflict, they usually feel aggrieved in some way,and at varying levels of intensity. There are feelings of anger, sadness, revenge, resentment, desire for redemption or vindication and frustration, among others
Mediation Tip: Is litigation truly the best alternative ....?
Is litigation truly the best alternative to a mediated agreement ("BATNA")? "BATNA" is the acronym used in mediations to compare what the parties may achieve in mediation versus going to trial. A look at last week's verdict in the first case to go to trial against Bob...
Mediation Tip: It's a new year, time for new beginnings
It's a new year, time for new beginnings, "do-overs", self-improvement, and deep reflections. That is also how I see each day of mediation. People come to mediation because they are in a dispute of some sort. It may be a pending lawsuit, or it could be a disagreement t...
Mediation Tip: Are there biases in negotiations?
Recently a lawyer told me that he felt mediators treat plaintiff lawyers differently than they treat defense lawyers. I was surprised and asked the genesis of his belief. He had worked as a defense lawyer for several years, and now represents plaintiffs in employment a...
Mediation Tip: Mediators Devils and Angels
I read a good article from Roger C. Benson - Link is below. Mr. Benson raises a topic that comes up frequently in mediation- that of trying to resolve conflict for someone who is stuck in the conflict. He states, "The boulder in the path to resolving conflict is fear –...
Mediation/Negotiation Tip: Paying homage to Stephen Covey
"Seek first to understand, then to be understood." This is easier said than done. All parties to a negotiation, whether it is as formal as mediation, or negotiating for a raise or to purchase a car, want to be heard and understood; even more than that, they hope to c...
Mediation Tip: Primer for Preparation for Mediation
As I am getting ready to speak at a bar program on preparation for mediation, I realized It has been awhile since I wrote about the topic. Thus, here are my proposed tips for preparation for a successful mediation.
(1) Lawyers, meet with your client in advance of the m...
Mediation Tip: Settlement doesn't have to happen today
Recently, I experienced an unusual number of mediations not immediately settling at the mediation. Every mediator at some time, goes through feelings of "failure" if they are unable to settle a case. However, we also know that not everyone is in the right place to sett...