mediation

/Tag:mediation
3 02, 2017

Don’t Let the Hardball Get the Best of You!

By | February 3rd, 2017|Negotiation Strategy|0 Comments

The other day, I came upon a blog post from the Program on Negotiation (PON) at Harvard Law School that is worth discussing. It is entitled “10 Hard Bargaining Negotiation Tactics” by Keith Lutz (January 10, 2017). I have seen one or more of these tactics often in mediation and despite my best efforts to [...]

27 01, 2017

Emotions Do Carryover

By | January 27th, 2017|Negotiation Strategy|0 Comments

I saw a blog on the Program on Negotiation (PON) at Harvard Law School’s web page written by its staff (January 12, 2017) entitled “How Mood Affects Negotiators”. It caught my attention because I had just witnessed this effect in two of my mediations. Recently, I held two mediations on the same day- one in [...]

22 12, 2016

Stepping Outside of Ourselves

By | December 22nd, 2016|Actual Mediations|0 Comments

Not everyone lives the way we do. And just because someone may do things very differently than we might does not mean that what he alleges as happening is false. In social psychology circles, this tendency to discount others who do not share our world view is called “naïve realism” which according to Wikipedia (https://en.wikipedia.org/wiki/Na%C3%AFve_realism_(psychology) [...]

15 12, 2016

Penny Wise – Pound Foolish

By | December 15th, 2016|Mediations|0 Comments

Although as a full time neutral, I usually get paid for mediating, as a way to give back to the community, I am on various state and federal court mediator panels in which parties can utilize my services for a certain number of hours on a pro bono basis or for free. After that set [...]

21 10, 2016

Restorative Justice Works!

By | October 21st, 2016|News articles|0 Comments

In March 2012, I posted a blog about “restorative justice” after reading a concise 65-page book entitled, “The Little Book of Restorative Justice” by Howard Zehr with Ali Gohar (Good Books 2002). In this tome, the author emphasizes that “restorative justice” is not about forgiveness or reconciliation nor is it mediation nor is it designed to [...]

7 10, 2016

Priorities

By | October 7th, 2016|News articles|0 Comments

I read an article today in the New York Times that I cannot get out of my mind.  Entitled “A Rabbi’s Enduring Sermon on Living Your Last Five Minutes” by Samuel G. Freedman (October 1, 2016), it is about Rabbi Kenneth Berger delivering a sermon on Yom Kippur in 1986 which he entitled “ Five [...]

9 09, 2016

What We Can Learn from “The Art of War “!

By | September 9th, 2016|Negotiation Strategy|0 Comments

In connection with another blog post, I downloaded an internet version of Sun Tzu’s The Art of War translated by the Sonshi Group. In reading through it, I could not help but notice that many of its points relating to “war”, apply with equal force to negotiation, mediation and resolving disputes. For example, in Chapter [...]

2 09, 2016

The Ninth Circuit Reaffirms Federal Mediation Privilege

By | September 2nd, 2016|Court Cases|0 Comments

Once again, the Ninth Circuit Court of Appeals has held that pursuant to Federal Rule of Evidence 501, federal privilege law applies to a claim of mediation confidentiality in an action involving both federal and state law claims. In In Re: TFT-LCD (Flat Panel) Antitrust Litigation, Case No. 14-15916 (filed September 1, 2016), the Ninth [...]