Jay Folberg explains how he mostly mediates failed negotiations. He sees mediation as a laboratory for finding out why the negotiation failed and how it can be improved so the parties can have their needs met.
Jay Folberg is Professor and Dean Emeritus at the University of San Francisco School of Law. He is coauthor of Resolving Disputes, Theory, Practice and Law 3rd Ed., Aspen Publishers (2016), as well as other books on ADR. Dean Folberg is a mediator with JAMS and served as Executive Director of the JAMS Institute from 2003 - 2015.