Tom Stipanowich, “Beyond ‘Getting to Yes'” (Alternatives to the High Cost of Litigation)

July 18, 2016 — An article by Pepperdine Law professor Thomas J. Stipanowich, titled “Beyond ‘Getting to Yes’: Using Mediator Insights To Facilitate Long-Term Business Relationships,” is featured in the current Alternatives to the High Cost of Litigation newsletter, published by the International Institute for Conflict Prevention and Resolution.  The article considers the international evolution of mediation.

 Excerpt from “Beyond ‘Getting to Yes'”:

As mediation is promoted globally, we must continue to examine not only all of the different things that are being done, but also what has been left undone.

One largely untrodden path for the skills and insights of mediators is upstream—that is, at the point in relationships when conflict is budding into a full-fledged dispute, but before advocates are summoned, positions have hardened and, perhaps, the best opportunities for a problem-solving approach to conflict are lost.

 

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