26 08, 2016

Bring Them Cake!

By |2017-05-13T07:42:01-08:00August 26th, 2016|Negotiating|0 Comments

This blog may not have much to do with mediation but has everything to do with conflict resolution. It is a tribute to Nathanial (Nat) Pollack- my father in law – who passed away suddenly (of a heart attack) on August 13, 2016. My father in law had an extraordinary life. During World War II- [...]

11 03, 2016

“Puffing” and the California State Bar

By |2017-05-13T07:43:20-08:00March 11th, 2016|Negotiating, New Articles, Research|0 Comments

In 2006, the American Bar Association issued an ethical opinion- ABA Formal Ethics Op. 06-439 entitled A Lawyer’s Obligation of Truthfulness When Representing a Client in Negotiation: Application to Caucused Negotiation. At issue was whether an attorney has to be as truthful in a caucused mediation as she is obliged to be during a negotiation [...]

27 11, 2015

The Value of a Joint Session

By |2017-05-13T07:43:59-08:00November 27th, 2015|Mediation, Negotiating, Negotiation Strategy, Research|0 Comments

Depending upon where one mediates within the United States, the mediator either will start the mediation with a joint session or will simply start with separate sessions so that the adverse parties may, indeed, never see each other. For some reason, using joint sessions is popular on the east coast but most folks in California [...]

4 10, 2013

Negotiating With Fallible Memories: Buyer Beware

By |2017-05-13T07:30:36-08:00October 4th, 2013|Negotiating|Comments Off on Negotiating With Fallible Memories: Buyer Beware

When it comes to relying on our memories in negotiation, the cautionary tale is buyer beware! Once again, another study has been published demonstrating that our memories are quite fallible. They are simply not nearly as reliable as we think they are, and consequently, we should not rely on them in the courtroom (or in [...]

9 11, 2012

Resolving Logistics: An Online Negotiation

By |2017-05-13T07:33:41-08:00November 9th, 2012|Negotiating|Comments Off on Resolving Logistics: An Online Negotiation

On October 22, 2012, we said good-bye to Argus-our English springer spaniel-as the cancer got the best of him. I was devastated. Analogizing to employment litigation in which a terminated employee sues and is stuck in the past, dwelling on the old job and boss until she gets a new job and then starts putting [...]