Ever meet a professional poker player? They win or lose by playing the odds. A good poker player understands the cards, can anticipate the other players’ moves and knows the odds of winning.
Mediation is not that different from playing poker. In mediation, the parties make decisions based on their knowledge of the facts and their odds of success. Just like poker, each side bluffs, angling for...Read More
Two months ago, I was sitting in the conference room of a highly regarded family-owned and operated clothing business that had 30-years of successful operations notched on to the “family belt.” Seated at the table were the founders of the business – – – two brothers each heading up on 60 years of age – – – who were in good health and had maintained a high...Read More
Because many of you reading this are professionals in the ADR field, professionals who utilize ADR, and/or people who have a personal interest in mediation, it becomes habitual to think of mediation as a process by which a trained professional sits down with two disputing parties, typically in the framework of litigation, a divorce, or some sort of legal-based conflict, and tries to move the...Read More
Several weeks ago, I met with two key members of the management team of a second generation family-owned and operated sporting goods business. Each of the two individuals were the sons of the founder of the family business and owned a significant, but non-controlling, shareholding interest in the family business.
The issue that dominated the discussion at the meeting was a proposal by one of...Read More
A settlement is meaningless if the parties don’t respect it. Parties who don’t respect settlements simply see breach as another cost of doing business, accepting further litigation if they see the overall result to be profitable.
An all too common example may occur when a small vendor is owed money by a large retailer. In a typical scenario, the vendor needs prompt payment to remain healthy...Read More
Recently, I met with the CEO of a highly successful, multi-generational, family-owned luggage company. The company has shown enormous resilience over the years, during many different business cycles.
Since the company is facing another transitional period, I asked the CEO whether he could identify the secret to the company’s resilience over the many years of operation. Without hesitation, the...Read More