Negotiation and Conflict

Innovative lawyering, negotiation, mediation.

I can help you resolve your disputes privately in different ways, including mediation.

My philosophy about mediation and the mediation process includes the following:

  • Mediation is a subset of negotiation, defined as a process from which the parties receive more than they would have gotten without having done the process. It (negotiation generally, and mediation specifically) generally is an ethical and moral response to conflict that has the potential to provide a better form of justice than legal justice. The process necessarily includes inquiry, discussion and direct engagement with “the other” in the dispute. This process, done “right”, usually results in more humane communication, and a deeper consideration of the other’s interests and needs.
  • Mediation in particular brings an optimistic third party into the room, the last person to give up when all are discouraged. This helps transform the environment when parties are feeling that the other person involved is stubborn, selfish, uncooperative, or unreasonable. The mediator also has skills to manage the process, including all stages of inquiry, discussion and direct engagement of the “other”.
  • The parties to the mediation should determine its “intent”, and the mediator should be able to move among different intentions as the mediation proceeds, in response to the needs and desires of the parties. My style is to be facilitative to start, evaluative where necessary, and transformative if desired and appropriate.