30 10, 2015

Losing Sight of Reality; Trust and Relationships

By | October 30th, 2015|Actual Mediations|0 Comments

I now know why I traded in the very uncivil world of civil litigation for mediation; it is destructive… and nothing really good comes out of it. I say this because I just mediated a post settlement dispute that was about to end in court the next morning as an ex parte motion to enforce [...]

12 06, 2015

Getting over the Bump in the Road

By | June 12th, 2015|Negotiation Strategy, Research|0 Comments

At a certain point in almost every negotiation and every mediation, the parties get stuck; they hit impasse or a bump in the road. Recently, I attended a training with Professor Carrie Menkel- Meadow. In one of her handouts, she discussed ways to creatively solve the issues. They include: 1. Use of analogy (direct, fanciful) [...]

30 05, 2014

Walking Away an Impasse

By | May 30th, 2014|Research|Comments Off on Walking Away an Impasse

In many mediations (including those I have conducted), there comes a point when the parties are at an impasse: they are stymied in reaching a settlement. The plaintiff wants more, and the defendant believes it has already offered too much. The parties want to settle but do not know how to bridge the gap.What to [...]

7 06, 2013

How Not To Mediate: An Actual Mediation

By | June 7th, 2013|Mediations|Comments Off on How Not To Mediate: An Actual Mediation

I conducted a mediation recently that had all of the ingredients for failure (as discussed in last week's blog) from the very start. It was a wage and hour case in which the plaintiff claimed, among other things, that she worked long hours for which she was not adequately paid, was not allowed to take [...]

3 05, 2013

Effective Negotiations

By | May 3rd, 2013|Research|Comments Off on Effective Negotiations

I came across a 2009 blog the other day written by Anthony K. Tjan for the Harvard Business Review. It contains 4 simple rules for effective negotiations; reading through them- I found them to be old friends; rules that I have discussed before in my blogs: 1. Be prepared. Mr. Tjan suggests that each party [...]