Mediation is a process of change. It is a transformation, and like all transformations, it takes time. Through this process, perceptions change, and this does not happen in a nanosecond. So, unless carefully orchestrated, a mediation will not result in a settlement. Too many things can go wrong. I make [Read More]
Our recent book club discussion featured Split the Pie: A Radical New Way to Negotiate by Barry Nalebuff (HarperCollins, New York 2022). While I understand the author’s concept, I am not sure if I am able to implement it as a mediator. In the simplest of terms, in a two-party [Read More]
In 1978, Kenny Rogers wrote a song entitled “The Gambler”. Part of the lyrics include the memorable lines, You've got to know when to hold 'em Know when to fold 'em Know when to walk away And know when to run You never count your money When you're sittin' at [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]
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]
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 [Read More]
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 [Read More]
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 [Read More]
