As I mentioned in my last blog post, I started teaching ADR Ethics at USC Gould School of Law last week. During our discussion of ethics, I asked whether it would be proper to hide information. I posed the following hypothetical: At mediation, an Insurance company settled a dog bite case for an extremely [...]
School has started. More specifically, I have returned as a lecturer in law at USC’s Gould School of Law teaching ADR Ethics. And, I must say, the first class was very lively. The topic was negotiation ethics. And, at one point, I noted that as a mediator, the most important things I need to accomplish [...]
Several weeks ago, I wrote about the proposal by the State Bar to allow non-lawyers to practice law. More specifically, the proposal under the rubric allowing access to justice for more members of society include: Narrowing restrictions on the unauthorized practice of law (UPL) to allow persons or businesses other than a lawyer or law [...]
Several weeks ago, I posted a blog about a book I recently read, Negotiating the Impossible by Deepak Malhotra (Berrett-Koehler Publishers, Inc., Oakland, Ca. 2016). In it, the author notes that three things are paramount to resolving the most intractable disputes: Framing, Process and Empathy. By “framing”, the author means presenting a proposal objectively so [...]
In my various mediator trainings, the use of an apology as a means of resolving a dispute has often been discussed and advocated. Indeed, books have even been written on the use and power of an apology. (See for example: On Apology by Aaron Lazare). I have even advocated its use in some of my [...]
The one thing I love about being a mediator is that it constantly brings new challenges and new insights into people. A recent mediation is no exception. In that mediation, for the first time, defense counsel advised that her client wished to proceed to trial because it believed that the alleged defect was not caused [...]
The Harvard Negotiation PON’s recent blog raises an interesting issue: in a negotiation should you set a goal? In “The Anchoring Effect and How It Can Impact Your Negotiation”, it answers “yes”. Noting that the “anchoring effect is a cognitive bias that describes the common human tendency to rely too heavily on the first piece [...]
As part of a book club group, I recently read Negotiating the Impossible: How to Break Deadlocks and Resolve Ugly Conflicts (Without Money or Muscle) by Deepak Malhotra (Berrett-Koehler Publishers, Inc. 2016). The thesis of the book is simple: to resolve any conflict, one must employ Framing, Process and Empathy. Framing is how to present [...]