mediation

/Tag:mediation
2 02, 2018

I Like You!

By | 2018-01-24T15:57:55+00:00 February 2nd, 2018|Research|0 Comments

Lawsuits are products. I know this sounds strange particularly to lawyers who after four years of college, three years of law school and then one or more bar examinations, do not want to consider themselves mere sales people (like the used car sales person?) but that is what we are: sales people. We are selling/ [...]

19 01, 2018

An “Unreliability” Admonition?

By | 2018-01-09T12:50:25+00:00 January 19th, 2018|News articles|0 Comments

An article last month in the New York Times got me thinking that perhaps in my mediations, I should warn people that their memories and perceptions may be unreliable, especially where the situation involves parties of different ethnicities. In To Curb Bad Verdicts, Court Adds Lesson on Racial Bias for Juries, Ashley Southall (December 15, [...]

1 12, 2017

Anger Has Its Benefits !!

By | 2017-11-20T13:24:26+00:00 December 1st, 2017|Negotiation Strategy|0 Comments

In October 2015, I posted a blog about a then recent New York Times article on the benefits of anger in negotiations. In “The Rationality of Rage”, Matthew Hudson reviewed then recent studies indicating that in a balanced negotiation, anger tends to provide some leverage; it helped the angry negotiator gain better results in certain [...]

25 08, 2017

The Non-Mediation Mediation

By | 2017-08-03T14:47:13+00:00 August 25th, 2017|Actual Mediations|0 Comments

In 2005, the American Bar Association together with other organizations, adopted the Model Standards of Conduct for Mediators. Standard 1  entitled “Self Determination”  defines it as … the act of coming to a voluntary, uncoerced decision in which each party makes free and informed choices as to process and outcome. Parties may exercise self-determination at [...]

16 06, 2017

Aren’t My Notes Confidential?

By | 2017-05-30T15:36:39+00:00 June 16th, 2017|Court Cases, Uncategorized|0 Comments

I stumbled across an article about a case filed in court, Jane Doe v Proskauer Rose LLP., U.S. District Court (D. C.), case No. 1:17-cv-00910-ABJ, that absolutely intrigues me as a mediator. Using the pseudonym Jane Doe, a female partner in the law firm's District of Columbia office sued the firm for gender discrimination, claiming, [...]

9 06, 2017

A Prisoner’s Dilemma- Part 2

By | 2017-06-01T12:31:29+00:00 June 9th, 2017|Actual Mediations|0 Comments

A few weeks ago, I posted a blog about a subrogation matter which I mediated. The facts were not complicated: A homeowner parked her vehicle in her garage in her home and the next thing she knew, the garage caught fire and there was extensive smoke damage throughout the house. After paying out on the [...]

19 05, 2017

A Real Case of Prisoner’s Dilemma

By | 2017-05-13T07:39:55+00:00 May 19th, 2017|Actual Mediations|0 Comments

One of the first things I Iearned about in game theory was the prisoner’s dilemma. As explained in Wikipedia, this theory was developed in 1950 by Merrill Flood and Melvin Dresher while working at the RAND corporation. It explains why two rational beings may not cooperate even though it is in their best interests to [...]