Mediation Math — The Power of Combinations
by Andrew Flake As mediators, we often find ourselves at the intersection of complex disputes and seemingly irreconcilable positions. But what if I told you that one of the keys to unlocking creative settlements lies in a simple middle school math concept – combinations? Both of my children were studying for school finals last week, so I admit that math was on my mind, but bear with me. Let’s start with a fundamental: the parties’ interests as distinct form their positions. In a breach of contract case, for example, the plaintiff’s legal position might be that the defendant breached a…
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