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Jan Schau

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Bargaining with the Mediator
     After over a decade of mediation, I sometimes find that after the information has been exchanged and the negotiation is ready to begin with dollars, the parties are stubbornly resistant to discussing numbers that will land them within the likely "tradi...

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Getting to the ZOPA in Negotiation
  Yesterday I heard an employment case where a trial lawyer earnestly
believed that he could get an inflamed jury to award his client at least
$500,000.00 based upon the wrongful termination of a young, minimum
wage worker who had less than $20,000.00 in...

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Balancing Fairness and Justice: When Just Right isn't Enough
As an arbitrator (or a Judge) we have limits--on our outward
demonstration of compassion, our creativity in crafting appropriate and
fair remedies and our moral indignancy where wrongs occur without
remedies.  As poorly as we may feel about how someone w...

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When will this be Over? The Agony of the Drawn Out Mediation Session
After over a decade as a neutral, occasionally I can see where the
parties will go and that settlement will be accomplished fairly early in
the process.  Last week, I had the pleasure of being "shadowed" by a
student of mediation, who asked me quite dire...

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Please vote for this cool company--started by my two sons!

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Staying the Course: Follow Up Care in Mediation
Last week I was on vacation in Lake Tahoe.  While there, I was
contacted by one of the lawyers who had come before me in a mediation
last Spring.  Now,     some of the pleadings had been amended and new
parties had been added.  Not surprisingly, his clie...

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Ethics and Legal Bargaining: When the Pre-Mediation Goes Up at the outset
It has happened to me twice in the past two weeks.  The Plaintiff's
lawyer has sent a demand letter asking for settlement in a certain
amount without the authorization of her client.  The response to the
demand letter was a willingness to attend a mediat...

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Foreign Exchange: When Eastern Yuan meet Western Dollars
This week I mediated an interesting dispute between a Chinese
employer and it's former employee, who was an American citizen working
in America for the Company at the time of the termination of his
contract.  It was interesting to learn that apparently t...

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