One of the last topics I discussed in my ADR Ethics class this semester was mediating multiculturally. In her book, Mediation Ethics: Cases and Commentaries (Jossey-Bass 2011), Ellen Waldman quotes a definition of culture as “the whole complex of distinctive spiritual, material, intellectual and emotional features that characterize a society or social group.” (Id. at [...]
In any given mediation, I am often asked whether I think the other party is telling the “truth”, can she be “trusted” ? et cetera. It is a hard question to answer, and I prefer to be positive and optimistic in my response by stating that I have no reason to think ill of the [...]
In my mediations, I make it a point to put out some Danish or cookies and fruit in each of the conference rooms (as well as coffee and water.) I do this partially to help the parties maintain their blood sugar levels as grumpy people do not make good negotiators but also because sharing food [...]
Long ago, I learned that outside events can affect a person’s mood at mediation. One example is traffic- fighting traffic to get to a mediation on time will affect the negotiation process. For this reason, I try to schedule mediations after rush hour so at least the parties are not in a &^%$#* mood when [...]
One cardinal rule of negotiation is that one should not bid against herself. That is, negotiation should be a two-way conversation in which party A makes an offer to which party B responds with a counter offer to which party A responds with a new offer and so on. But suppose Party A makes an [...]
It is funny how sometimes the stars align to suddenly highlight an issue that was nowhere in my conscious brain before then. Last night, I received an emergency e mail asking if I could help a fellow professor with her class tonight. I looked at my schedule and found I was able to do so [...]
In a recent blog, I discussed my use of feigned anger to help resolve a case. This prompted me to wonder whether the use of anger in negotiations is helpful or harmful. It seems that it can be both bad and good depending on the degree of anger displayed. In an article entitled “ It [...]
Standard I of the Model Standards of Conduct for Mediators is entitled “Self- Determination” and provides that each party is to make a free and informed choice as to process and outcome. Mediation is a voluntary process in which each party is to make her own uncoerced decision. Standard II of the Model Standards of [...]