ADR and the Solomonic Solution

When I tell new acquaintances that I am a mediator and arbitrator, I often am confronted with reactions that are variations on a single theme: “I don’t like mediation or arbitration: They are just two different methods of splitting the baby.”

Dare I respond "not so"?

Commercial mediations invariably go down one of two paths: that of the incremental resolution or that of the distributed solution.

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Law 360