In pre pandemic days when mediations were held in person, mediators often provided snacks and goodies for the parties to nibble on throughout the day. For good reason! To increase the odds of reaching a settlement. A recent Harvard PONs blog post confirms that food plays a significant role in [Read More]
For an upcoming book club discussion, I am reading Master of the Game: Henry Kissinger and the Art of Middle East Diplomacy by Martin Indyk (Alfred K. Knopf, New York 2021). While I have a lot more reading to do to finish the book, I was struck by a passage [Read More]
I had a strange mediation last week. Neither side submitted briefs, and so I was in the dark about what the mediation was about other than an automobile. The mediation was conducted by telephone. I called plaintiff’s counsel and after introducing myself, the first thing counsel asked was whether she [Read More]
The American Bar Association recently posted an article in its ABA Weekly Newsletter (May 27,2022) about a patient signing an agreement with a hospital acknowledging that she will be charged $1300 for surgery but then being billed about $230,000. The Colorado Supreme Court ruled that the signed agreement prevailed; because [Read More]
How many times have we heard the refrain,” But, it is not fair!” or “I just want to be fair about this!” Or “All I want is fairness!” Or some similar retort? Suppose these comments arise out of a dispute between three partners: Jane, Joan and Sally. Jane put in [Read More]
We are all taught that before entering into any negotiation, we should give some thought to what our best alternative is if we do not settle (that is, our Best Alternative to a Negotiated Agreement or BATNA.) And along these lines, we have learned that if we have a really [Read More]
In a Parable of Trust, I discussed how our dog- Buddy- has come to trust us so much that my husband was able to groom him without having to use a muzzle or render him semi-conscious with sedatives. The thesis was the difference trust makes when present. This week, I [Read More]
Russia has engaged in the ultimate hardball tactic: it invaded Ukraine. Watching this invasion unfold reminded me of hardball negotiations and tactics. As defined in The Business Professor, “hardball tactics”: …are measures used in a negotiation to set a competitive tone. It generally involves using some form or power, leverage, [Read More]
