“You can't always get what you want. But if you try sometimes, you just might find you get what you need.”
- Mick Jagger & Keith Richards, "You Can't Always Get What You Want"
"Concentrate on the merits of the problem, not the mettle of the parties."
- Roger Fisher, "Getting to Yes"
Roger Fisher was my professor at Harvard Law School.
His class on negotiation, which lasted all day every day for a month, was the best class I ever took. I mediate all my cases in the manner in which I believe Roger would have mediated them.
Getting to Yes is my blueprint.
I vary the mediation format I use based on the parties and based on the case. I also vary it based on input from you.
This is one reason why I spend so much time preparing for each mediation in advance, reading and re-reading the briefs and speaking to each side.
In some cases, I may ask you if you are amenable to our having joint sessions with lawyers only or with everyone. In other cases, I won’t do that.
Why personalize this process?
To get to yes.