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Alternative Dispute Resolution

Sep. 30, 2011

The 10 best counterintuitive secrets for successful mediation

A successful negotiator must recognize the "text" as well as the "subtext" of a dispute.

Robert S. Mann

Neutral, ADR Services, Inc.

Email: rmann@adrservices.com

Robert mediates and arbitrates business, real estate and construction disputes.

Since the first caveman approached the first cavewoman and suggested that they get together to make a cave child, people have been negotiating. This probably took place 50,000 years ago, so it's unlikely that there are any real secrets left when it comes to negotiation. There are, however, certainly some suggestions for successful mediation, some of which are surprisingly counterintuitive. Here is my top 10 list:

Many settlements are not "merit-driven." They are driven by ...

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