Michelle A. Reinglass ADR    

alternative dispute resolution / mediation

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    Mediation Tip: Preparation for the "valuation" discussions at mediation

    September 16, 2019

    New year .. Resolving Outstanding Disputes

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    Mediation Tip: How to turn a negative experience into a positive one - just need a little mind-shift

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    Mediation Tip: Is litigation truly the best alternative ....?

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    How to turn a negative experience into a positive one- just need a little mind-shift

    Mediation Tip: How to turn a negative experience into a positive one - just need a little mind-shift

    October 23, 2018

    “Mediation is the process of facilitating a difficult conversation between two or more people.  So there are many lessons” ... Aled Davies


    Pointers fr...

    Video Recommendation: “Plotting the Roadmap to your difficult conversation”

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    2019 has started with a loud bang! January is already over, but the year is still young- meaning, we have 11 more months of the year to reduce our str...

    New year .. Resolving Outstanding Disputes

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    Mediation Tips

    Mediation tip: Impact of Face to Face meetings at Mediation

    June 10, 2013

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    Michelle Reinglass ADR

    In a recent pre-lit mediation, defendant accepted responsibility for what happened, and wanted to meet with & apologize to plaintiff (and counsel). Plaintiff's counsel expressed cynicism about motives and credibility. Although I pointed out the opportunity to assess credibility as a benefit of the meeting, plus the defendant's "need" to have this meeting to apologize and discuss, plaintiff would not budge. The defendant was saddened and disappointed, which feelings pervaded the remainder of the mediation, and the case did not settle (yet). While I do not normally conduct an initial "joint session" (where the lawyers mainly "argue" their case and heighten everyone's tensions), I believe that the mediation IS at least in significant part, about working through everyone's feelings and emotions; sometimes it is the plaintiff who needs the apology, or to vent; sometimes the defendant needs to give an apology; People are often afraid of "difficult conversations" and avoid them like the plague. However when people, together, work through the difficulty and fear to have an authentic dialogue about each side's perceptions and feelings, it can be very empowering and healing for both sides.

    Tags:

    mediation

    negotiation

    arbitration

    litigation

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