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