In their Mediation column, Abby Tolchinsky and Ellie Wertheim, partners at Family Mediation, write that in a typical mediation, the process happens in the context of a complex, interdependent range of issues. A final resolution on any one issue often depends on give and take in some other area. But sometimes, a single issue dominates, and there is no counter-balancing issue that provides a basis for negotiating or trading.
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Mediating Within a 'Win-Lose' Paradigm and Moving Beyond It
New York Law Journal
August 30, 2012
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