28 10, 2016

Different Ways of Looking at the Same Thing!

By |2017-05-13T07:41:41-07:00October 28th, 2016|Conflict resolution|0 Comments

I attended the California State Bar Conference a few weeks ago. One of the panels, entitled Ten Common Mistakes in Mediation and How to Avoid Them, was presented by several speakers including Steve Mehta and Doug Noll. Both Messrs. Mehta and Noll discussed the neuroscience/ psychology involved in what it takes to resolve conflicts. Initially, [...]

23 01, 2015

Benefit vs. Purpose

By |2017-05-13T07:46:41-07:00January 23rd, 2015|Actual Mediations|0 Comments

My first mediation of 2015 settled based on pragmatism. It was a lemon law matter filed under California's Song Beverly Consumer Warranty Act - Civil Code Section 1792 et seq. Plaintiff purchased the vehicle from a neighbor somewhat on a whim, thinking she would use it for commuting. Unfortunately, Plaintiff found herself taking the vehicle [...]

22 02, 2013

Fairness: It Is All About Perception

By |2017-05-13T07:32:46-07:00February 22nd, 2013|Negotiation Strategy|Comments Off on Fairness: It Is All About Perception

Recently, I wrote about a new study on fairness in monkeys. (another-study-on-fairness ) "Fairness" seems to be a popular topic as my colleague Linda Bulmash in her One Minute Negotiation Tipspublished by the Los Angeles County Bar, (Volume VI, Number 2, February 2013) (Busmash) takes up the topic of "Defining Fairness in A Negotiation". In [...]

1 02, 2013

Another Study on Fairness

By |2017-05-13T07:32:57-07:00February 1st, 2013|Research|Comments Off on Another Study on Fairness

Once again, chimpanzees have been the subject of another study on "fairness". Researchers in Georgia claim they now have "...the best laboratory evidence yet that chimpanzees have a human-style sense of fairness." Those who have reviewed the study believe the study is flawed and opine that a sense of fairness is uniquely human.http://cosmiclog.nbcnews.com/_news/2013/01/14/16508452-do-chimps-have-a-sense-of-fair-play-study-adds-to-evolutionary-debate Researchers have [...]

18 05, 2012

What Does “Fairness” Have To Do With It?

By |2017-05-13T07:35:15-07:00May 18th, 2012|Negotiation Strategy|Comments Off on What Does “Fairness” Have To Do With It?

In my years as a mediator, it has struck me that the smaller the dispute, the harder it is to settle. And, I have always wondered why. Well, my friend and colleague, Maria Simpson, Ph.D., in her most recent Two Minute Training, explained the "why" quite succinctly: it is all about "justice" and "fairness". She [...]