The Benefits Of Conflict (A Study)

Conflict? By: Donald L Swanson “conflict has its own advantages and can be productive.” --From “Benefits of Conflict” [Fn. 1]. The “Benefits of Conflict” study shows how international conflicts “can be beneficial” for the countries in conflict. Moreover, the study's findings and conclusions may have merit in the context of inter-personal relations and mediation as well.... Continue Reading →

Effective Mediation in Sri Lanka

Sri Lanka on the map By: Donald L Swanson Mediation has occurred for centuries—and millennia—in various forms, all across the world. What follows is a summary of information on the effective use of mediation in today’s Sri Lanka.[Fn. 1] Legal Framework Sri Lanka has a history of mediation, running back to the times of ancient kingdoms,... Continue Reading →

Sanctions For Failing To Attend Mediation — Vacated And Remanded (Miller v. Midland)

A vacant seat at the mediation? (Photo by Marilyn Swanson) By: Donald L Swanson “We cannot glean whether the District Court’s outrage at Plaintiff’s attorneys stemmed from a belief that the attorneys acted in bad faith, or that they acted negligently.” --From Miller v. Midland Credit Management, Inc., Case No. 20-13390 (11th Cir., issued September 17,... Continue Reading →

What To Do With A Mediated Settlement After Breach? (Rivera v. Sharp)

Schrödinger’s cat? (Photo by Marilyn Swanson) By: Donald L Swanson Defendants see “both an unenforceable settlement and a binding unilateral agreement simultaneously emerging, like Schrödinger's cat,” from their lawsuit with Plaintiff, but “only one exists” and “the District Court did not err in finding the settlement agreement valid.” --From Rivera v. Sharp, Case No. 21-2254, at... Continue Reading →

Face-To-Face Discussions: Studies Show It’s The Best And Most-Popular Way To Mediate

Face-to-face discussions (photo by Marilyn Swanson) By: Donald L Swanson Common Practice. A common practice in these United States is for commercial lawsuits to be mediated in a caucus-only format.  That means: the parties never see each other during the mediation, except during the mediator’s opening comments and on visits to the toilet; andthe mediator shuttles... Continue Reading →

Reputation For Honesty = Protection Against Deception In Negotiations (A Study)

Honest Abe (photo by Marilyn Swanson) By: Donald L Swanson A negotiator’s reputation for honesty minimizes the danger of being deceived. That’s the finding of a recent study. [Fn. 1, the “Study”] Background  Reputations endow negotiators with a set of expectations about their intentions and behaviors, influence interpretations of their behavior, and impact response to their... Continue Reading →

Good Faith In A Mandated Mediation: Are Contempt and Sanctions Appropriate? (In re A.T. Reynolds)

Contempt of the rules of road? (photo by Marilyn Swanson) By: Donald L Swanson “the specter of sanctions and contempt spawns ancillary litigation that often eclipses the issues at the heart of the underlying dispute.” --From In re A.T. Reynolds & Sons, Inc., 452 B.R. 374, 376 (S.D.N.Y. 2011), reversing a Bankruptcy Court order of contempt... Continue Reading →

Mediation-In-Bankruptcy: An Effective, But Difficult, Tool For Resolving Mass Tort Disputes

An effective tool (photo by Marilyn Swanson) By: Donald L Swanson Mediation-in-bankruptcy has been an effective tool for resolving mass tort cases.  That effectiveness has been for the benefit of all parties involved, such as: helping to maximize recoveries for tort claimants;helping to allocate scarce funds among competing tort claimants and other creditors; andhelping to keep... Continue Reading →

A Negotiations Study: Being “Tough & Firm” v. “Warm & Friendly”

Not tough and firm (photo by Marilyn Swanson) By: Donald L Swanson Being “tough and firm” in negotiations: Takes “less effort than being warm and friendly”; Results “in better financial outcomes; has “no apparent social cost”; butis commonly viewed, incorrectly, as less effective than “warm and friendly.” Such are the conclusions drawn from a four-part study [Fn. 1]... Continue Reading →

A Study Of Four Mediator Strategies And Their Effects

Reflecting back on what works and what doesn’t (photo by Marilyn Swanson) By: Donald L Swanson A recent research project measures the effects (both short and long term) of four mediator strategies on party attitudes and outcomes. [Fn. 1] What follows is a summary of the project’s findings on these mediator strategies: Eliciting Participant Solutions;Neutral Offering... Continue Reading →

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