Alexander S. Polsky, Esq.
Practice Principled Bargaining to Achieve Maximum Results in Mediation  

 
Principled bargaining is a process whereby the negotiations anchor on a concept, principle or set of facts. By doing so, the settlement position is articulable and generally falls within the range of reason. Statistics show that settlement demands placed inside the reasonable range consistently produce a better outcome than a settlement demand that is outside of the range. So it is with offers. Further, when combined with interest-based bargaining, true joint gains may result.

When preparing for a negotiation, make a list. Use two columns. On the left, itemize the interests of the other party to the negotiation. On the right, list the negotiation actions that might be utilized to meet these needs. Where interests may be matched with actions, especially in the early stages of the negotiations, the “giving up” of interests on small issues may yield significant gains in the end.

About Alexander S. Polsky, Esq.
About my ADR practice: The Los Angeles and San Francisco Daily Journal newspapers once wrote: “Alexander S. Polsky, Esq . has demonstrated a unique ability to resolve particularly complex and/or highly emotional cases as a mediator, arbitrator and discovery referee. In doing so, and in naming me one of the Top 20 mediators and arbitrators in California for three consecutive years, this publication and the lawyers who participated in the survey honored my efforts in this field in a most humbling manner. I am equally honored that local bar association annual reviews consistently accord high marks for fairness as an arbitrator and tenacity and commitment as a mediator. I have participated in the resolution of over 7,500 disputes nationwide during my 27 years of practice.

I am available to mediate and arbitrate cases worldwide. In the United States, I have ADR offices (JAMS) in Anaheim, Atlanta, Boston, Chicago, Dallas, Denver, Las Vegas, Los Angeles, New York City, Philadelphia, Sacramento, San Francisco, San Jose, Washington DC.

  • My practice is as a dispute resolution professional and as a special master and arbitrator. As such, it covers many disciplines. They include:
    • Appellate dispute resolution
    • Business and Class Action
    • Construction defect, accident and E&O
    • Domestic relations and child custody
    • Employment and sexual harassment
    • Environmental exposure & remediation
    • Franchise disputes & class actions
    • Government liability/code enforcement
    • Insurance coverage, E&O and bad faith
    • Labor/management disputes/fact-finding, wage & hour claims
    • Maritime
    • Medical negligence & devices (neutral & party arbitrator)
    • Product liability, including mass tort under Federal MDL
    • Real estate-transactional and E&O (licensed real estate broker)
    • Serious injury and wrongful death
I am pleased to serve on the faculty of the University of Southern California where I designed and deliver a course on Negotiation and ADR. I am equally pleased to deliver training in these areas to law firms, associations and corporations worldwide.

I am available exclusively through JAMS ® . To contact me via email, send correspondence to: apolsky@jamsadr.com or direct dial (714) 501-1321, via JAMS ® (714) 937-8233. To schedule a matter contact CEdwards@JAMSadr.com . In addition, hot-linking to my web site will provide access to downloadable copies of my specialty and general CV's as well as articles I have published.

If you have read this far, I am most appreciative. Thank you!

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