News & Updates

Winning at Mediation!

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Focusing on beating your adversary and “winning the mediation” rather than obtaining the best result for your client ignores the nature of negotiation—agreement is voluntary. By Joan Stearns Johnsen Published…
How deep is the water

Opening Statements in Mediation

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The objective of a mediation opening statement is not about the truth of what happened, but the risks of litigation. Published in Section of Litigation-Alternative Dispute Resolution Practice Points, February…

Negotiation Advice: Who Should Open?

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The open is an important aspect of any negotiation, and it is wise to spend preparation time analyzing and considering your own preferred strategy as well as that of your…
Seven keys

7 Keys to Unlock Mediation’s Golden Age

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Video interview with Veronique Fraser and Joan Stearns Johnsen on Keys to Unlock Mediation's Golden Age .   Manon Schonewille interviews Veronique Fraser and Joan Stearns Johnsen on "7 Keys…

Enhancing Women’s Skills in Dispute Resolution

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Groundbreaking Women in Construction August 25, 2020 Dispute avoidance and early dispute resolution are important legal strategies for which attorneys need well developed skills. This panel will enhance lawyers’ existing…

“Schein”-ing a Light on Circuit Splits — Non-Signatories, Delegation, and the Coming Battle Over Arbitration Discovery Under 28 U.S.C. § 1782

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A Houston, Miami, Seattle and Washington, D.C. Chapter Webinar Collaboration September 15, 20201:00 p.m. ET/10 a.m. PT Circuit court splits have caught the Supreme Court’s attention over the past year,…

7th Key-Usage: Expand the Value of Mediation Into Deal-Making

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by Veronique Fraser, Joan Stearns Johnse   for | July 2020   Mediation takes many forms and has many facets. It is a malleable process that parties and neutrals…

Preparing For Your First Arbitration Pre Hearing Conference

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This is an audio presentation answering the questions: Is there a difference when preparing for litigating in court versus litigating in arbitration and do the forms of arbitration differ? What…
the absense of context

How to Negotiate by Email

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What Should You Consider if You Plan to Negotiate By Email? As technology evolves, we evolve with it. Lawyers who once would not ever communicate by email now regularly conduct…
neuron paths

Why Your Arbitrator/Mediator Is Biased

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Yes, your arbitrator, your mediator, your judge, your jury is biased. Litigators seek an unbiased panel when what they should really do is to understand that no panel, or jury,…