Dealing with Impediments to Settlement: The Challenging Concept of “Fairness”
by Andrew Flake
In a well-known psychology experiment, each member of a group receives some amount of money, say $100, that they can keep on the following condition: They must offer some amount, from $1 to $100, to a partner, and the partner receiving the offer must...
The Spirit of Camp David: Mediation Lessons from a Former President
by Andrew Flake
Remembering President Jimmy Carter on this national day of mourning, my thoughts turn to the historical achievement of the 1978 Camp David Accords. For nearly two weeks at Maryland's Camp David, President Carter, Egypt's President Anwar Sadat, and Israel's Prime Minister Menachem Begin,...
The Skills of Civil Discourse: What Mediators Have to Share This Thanksgiving
by Andrew Flake
Earlier this month, I had the privilege of joining colleagues at Atlanta's Carter Center to moderate a program on "Peacekeeping and Conflict Resolution." Sponsored by our Atlanta International Arbitration Society, it featured a discussion by scholar Paul Root Wolpe, Ph.D., who has...
Generative AI in Mediation: Ethical Considerations
by Andrew Flake
The pace of development of GenAI, powered by vast amounts of energy and chips specially configured to support the huge amounts of data they analyze, has been astounding. These technologies are already reshaping the way dispute resolution professionals approach dispute resolution, offering new potential...
Safely Navigating Blind Spots in Litigation: Using Powerful Questions
by Andrew Flake
Over the past few weeks, I've been giving up a large measure of control, embracing the process of change in a fluid, highly-unpredictable, and high-stakes environment: Yes, I've been teaching my teenager to drive. And one of the first scenarios we went through was...
Mediation Math — The Power of Combinations
by Andrew Flake
As mediators, we often find ourselves at the intersection of complex disputes and seemingly irreconcilable positions. But what if I told you that one of the keys to unlocking creative settlements lies in a simple middle school math concept – combinations? Both of my...
More Than One Way to Loosen the Knot: The Power of Options in Mediation
by Andrew Flake
I have blinds on my office window and one morning not long ago, I noticed a knot, really a tangle, that seemed much larger than I remembered. I decided to untie it, and after a painstaking length of...
The Lawyer’s Creed and Successful Mediation: Some Holiday Reflections
by Andrew Flake
It's 11:50 p.m. You're preparing to hit send on an email to opposing counsel, a lengthy and powerful epistle that will surely send them scrambling. Suddenly, you feel a chill. A wind whistles through your office. Was...
The View from Overhead: Garage Doors, Trademark, and Crafting Our Settlements, Part II
by Andrew Flake
An expensive piece of business litigation, particularly in the IP world and with companies interacting on an ongoing basis, always provides us some useful reflection. In our last post, we looked at a protracted piece of...
Moving the Conversation Forward: Early Mediation and EDR
by Andrew Flake
We take for granted that mediation is an available option for our cases. Mediation, at least the concept of a trained neutral retained to work with the parties to bridge differences and resolve disputes outside of litigation, is...