October 2009 Blog Posts (4)

Moving the Goalposts 1: How To Craft a Mediator's Proposal

As a professional mediator, some of my most challenging and, yes, enjoyable moments have come when I've been able to go "under the line." That is to say, I've been able to do things to increase the size of the pie that was presented to me when I first entered the room. Perhaps I was able to assist the parties in re-establishing a business relationship that had gone south and ended in litigation. Or maybe I was able to provide a safe… Continue

Added by Alec Wisner on October 27, 2009 at 9:00pm — No Comments

Exhilaration and Disappointment

This morning, driving toward the University of Southern California campus, a lot of memories passed through my mind. I recalled attending

the High School Debate Institute at USC, in the summer of 1965, prior to

my senior year, and, as an unknown, being named second speaker, behind Roy Shults. I remembered how the lessons learned their got me to the 1966 state finals in extemporaneous speaking, where I finished 3rd, behind Roy… Continue

Added by Alec Wisner on October 17, 2009 at 1:30am — No Comments

Original Intent v Consistency, and the Constitutional right to privacy

For many years, I've been a bit upset about the "original intent" faction of the bar, and, more specifically, the progeny of the Federalist Society, who, as a result of 5 out of 7 of the most recent Presidential terms worth of conservative Republican court nominations, have come to dominate the Federal judiciary. For one thing, I've always thought it fantastic that these scholars were so apt at reading the minds of those who lived in a… Continue

Added by Alec Wisner on October 14, 2009 at 11:00pm — No Comments

Making Settlements Last

A settlement is meaningless if it the parties don't respect it. Parties who don't respect settlements simply see breach as another cost of doing business, accepting further litigation if they see the overall result to be profitable. An all too common example may occur when a large small vendor is owed money by a large retailer. In a typical scenario, the

vendor needs prompt payment to remain healthy and a continuous flow of sales and… Continue

Added by Alec Wisner on October 6, 2009 at 1:00pm — No Comments