Reality can be a bitter pill to swallow – especially in a law suit or arbitration when there might be large sums of money on the line. As a mediator, giving one or more parties a dose of reality is a significant part of my job....
There’s a comic drawing making the rounds on the Internet that makes an interesting statement or observation about conflict. It shows two people, who have approached a number from different directions, beginning to argue. One observes a “6”. The other observes a “9”. The original comic...
[ Click Here To Download In PDF Format ] Ontario has recently made some significant changes to the simplified procedure under Rule 76 of the Rules of Civil Procedure. Effective January 1, 2020, the monetary jurisdiction for actions under the simplified procedure has increased from $100,000...
Ask and ye shall find. Is asking the best way to change a mind? A clear and focused statement can sometimes better focus thoughts and persuade us. In this second part of our blog series on applying empirical principles of persuasion to mediation, I explore what...
Psychologists have conducted numerous studies to understand and explain why we are influenced by certain triggers. One of the top names in the field, Robert Cialdini, has distilled this work into six easy-to-understand principles of influence: liking; authority; social proof; reciprocity; consistency; and, scarcity. In this...
In horse racing, there is a popular expression, “different horses for different courses.” Some horses run well in mud; others on turf; some don’t run well anywhere and find themselves facing their mortality sooner than they might expect. This concept applies equally to mediation. There are many ways mediators and...
Another summer has come and gone. As we head into the fourth quarter of 2019 - the home stretch - we'd like to offer five tips for surviving another busy season. Keep Your Eye On The Prize.Remember that at the end of the road, there...
When I meet with people who are frequently involved in mediations in a variety of roles, we often talk shop and discuss trends in the profession. After conferring with my colleagues, both at Cooper Mediation and generally in the personal injury and insurance practice areas,...
Our story begins with Vance Cooper transitioning out of his legal practice to focus on mediation. Building a strong reputation for his tact and ability to handle complex matters, he became a much sought-after mediator. Serving as a trusted mentor to Jon Cooper and Logan Cooper, who...
Everybody makes mistakes. That’s why they put erasers on pencils. Of course, when we make mistakes, we hope they’re small ones that no one will notice or that won’t take much time or money to fix. Unfortunately, mistakes in mediation can be costly, waste the participants’...