Bennett G. Picker

Bennett G. Picker

Ben Picker has an active ADR practice, serving both as a mediator and arbitrator in business disputes and as a trainer in mediation and negotiations. He has successfully resolved several hundred domestic and international commercial disputes with a cumulative value of several billion dollars.

In 2010, Mr. Picker received the American Bar Association’s “Lawyer as Problem Solver Award.” The award is presented annually to an individual or institution that demonstrates “profound creativity in problem solving.”

Mr. Picker is a member of the National Panel of Distinguished Neutrals of the International Institute for Conflict Prevention & Resolution (CPR); a member of the Commercial Mediation, Arbitration, International and National Class Action Panels of the American Arbitration Association; a fellow of both the American College of Civil Trial Mediators and the International Academy of Mediators and is certified by the International Mediation Institute. He is the author of Mediation Practice Guide – A Handbook for Resolving Business Disputes (Second Edition) published by the American Bar Association Section on Dispute Resolution, and has written numerous book chapters and articles on mediation and arbitration. Mr. Picker has lectured widely on ADR related topics at law schools, business schools, and organizations such as the American Bar Association, the American Arbitration Association, CEDR and CPR.

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Articles and Video:

How to Become a Successful Mediator (07/23/15)
The theme of today’s conference is “Succeeding in Mediation.” The simplest definition of mediation is “facilitated negotiations by a trusted individual.” If I had to define mediation in only one word, my word would be “opportunity.” The process offers the parties an opportunity to telescope issues in hours that might take years in litigation, to forge solutions based upon underlying interests, to preserve relationships and, quite obviously, to avoid the time, expenses and distractions of litigation.

Cognitive Barriers To Success In Mediation: Irrational Attachments To Positions And Other Errors Of Perception That Impact Settlement Decisions (01/17/11)
When preparing for mediation, most parties establish benchmarks for settlement in advance of the process. In disputes primarily about money, after assessing the likely risks and costs of litigation, most parties identify settlement ranges and some establish tentative “bottom lines.” Often these assessments are unconsciously influenced by limitations in our five senses and the way information is processed, collectively called “cognitive barriers.”

Preparation: The Key To Mediation Success (03/08/10)
This article offers a list of key issues and concerns to address, in advance of commercial mediation, in order to enhance the likelihood of successful outcomes.

Navigating Relationships: The Invisible Barriers to Resolution (04/22/09)
Mediation involves many key relationships beyond that of plaintiff and defendant that could present barriers to resolution. The author identifies some of these relationships, shows how they can create barriers to a successful mediation, and offers suggestions for overcoming these barriers.

How to Best Aid Negotiation By Breaking Down Barriers (01/30/02)
Certain barriers to resolution occur with some frequency. The purpose of this article is to identify these barriers and to explore the ways in which a skilled and experienced mediator can overcome them.