Articles

Settlement and Mediation Advocacy

Meaning of Offers, Daily Journal, October 27, 2008

The Game of Negotiation, ABTL Report - Orange County, Summer 2008

Opening Statements In Mediation Talks Are Often Missed Opportunities, Daily Journal, June 26, 2008

'Decision Tree', Daily Journal, April 23, 2008

Mediation Requires Deal Makers, Not Decision Makers, Daily Journal, March 3, 2008

Persuading Your Adversary, Daily Journal, February 2008

Calling the Bluff, Los Angeles Lawyer, November 2007

Influencing the Mediator, Daily Journal, May 25, 2007

Negotiation Leverage, Daily Journal, April 5, 2007

Settlement Isnt (Just) About the Merits, ABA Media, Privacy and Defamation Law Committee Newsletter, Winter 2007

How and When to Broach Settlement, Daily Journal, February 21, 2007

Some Competitive Negotiating Tactics, The Advocate, January 2007

The Value of the Pre-Mediation Conference, November 2006

Chess vs. Poker: What's Your Style of Negotiation?, October 2006

The Strategic Role of Mediation, September 2006

Settlement Is an Exercise in Doubt, ABTL Report, Summer 2006

How to Help the Mediator Help You, July 2006

How to Influence the Mediator in Private Caucus, May 2006

Negotiation Tactics to Fit Your Strategy, April 2006

Choosing a Negotiation Strategy, March 2006

Integrating Litigation and Settlement Strategies - Implementation, February 2006

Integrating Litigation and Settlement Strategies - Planning, January 2006

How to Negotiate Through a Mediator, ABTL Report, Fall 2005

The Case for an Opening Statement in Mediation, October 2005

How to Prepare Your Client for Mediation, September 2005

Willpower in Negotiation, August 2005

The Judge as Mediator - A Dealmaker's Critique, June 2005

"What's My Bottom Line?", May 2005

"What Is My Case Worth in Settlement?", April 2005

"Everyone Lies in Mediation!", March 2005

Persuasion in Negotiation, February 2005

Why I Became a Mediator, December 2004

Mediation Advocacy Skills: A Summary, November 2004

What is Negotiation Analysis?, October 2004

What is an "Evaluative" Mediator?, September 2004

The Strategic Use of Mediation, August 2004

Integrating Litigation and Settlement Strategies, July 2004

How to Help the Mediator Achieve Closure, June 2004

How Best to Use the Private Caucus, May 2004

Predisposing the Mediator, April 2004

How to Choose the Mediator, March 2004

Tactics to Match Your Mediation Strategy, February 2004

Determination of a Mediation Strategy, January 2004

The Mediator as Translator, December 2003

Pre-Negotiation Tactics, October 2003

Chess vs. Poker Revisited, September 2003

Survey Results: What Type of Mediator Do Advocates Prefer?, August 2003

Judge or Negotiator: Who Makes The Better Mediator?, August 2003

The Right Brain - Creative Ways to Improve Your Negotiating Results, August 2003

Attitude Makes the Person - AND the Mediator, July 2003

Evaluation in Integrative Bargaining, July 2003

Formula Evaluation for Settlement, June 2003

Ten Common Negotiating Tactics, June 2003

The Mediator as Leader, May 2003

Case Studies

The "Blackberry" Settlement -- Lessons in Settlement Advocacy, March 2006

When Weakness Becomes Strength - The Enron Settlements, July 2005

The Citigroup Enron Settlement - Creating Negotiation Leverage, June 2005

Medtronic's Record Patent Settlement - Lemonade from Lemons, April 2005

The WorldCom Suit - Multi-Party Settlement Dynamics, March 2005

General Motors Corp. v. Fiat: Settlement!, February 2005

General Motors Corp. v. Fiat: A Failed Mediation?, February 2005

This page was last modified in October 2008

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