By Stephen Ware, a law professor at KU, in Lawrence, Kansas.

Principles of Alternative Dispute Resolution

Principles of Alternative Dispute Resolution
Principles of Alternative Dispute Resolution, in its third edition, is a Concise Hornbook, published by West Academic. More information is available by clicking on the photo.

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Wednesday, January 1, 2014

Mediation Progress in the Hallway

A mediation's progress toward settlement can occur not only in joint caucus of all participants (parties and lawyers) or by the mediator shuttling between separate rooms, but also in the hallway between rooms.  As Geoff Sharp aptly writes, such "corridor encounters often appear to be accidental", "typically occur en route to the loo/kitchen/for a smoke/to make a phone call", and "have a hushed ‘in passing’ tone about them."

Geoff Sharp insightfully adds "Cut through/bottom line mediation language is expected and such encounters often determine what happens next in the process and, to that extent, have a coaching element to them aimed at choreographing a forthcoming exchange."

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