Mediation Ripeness

Many decades ago, when I was in law school, I learned about the “ripeness doctrine” in my Constitutional law course. Simply stated, this doctrine limits the power of a federal court to adjudicate cases that might otherwise fall within its jurisdiction. It concerns ““the timing of judicial intervention and prevents [Read More]

By |September 15th, 2023|Negotiating|

Faking Emotions During A Mediation

A recent blog post (dated August 21,2023) by the staff at Harvard’s PONS (Program on Negotiation)  concludes that while  sincere anger may be advantageous in a negotiation, appearing to be happy  may or may not be disadvantageous in a negotiation: …When we display anger, our counterparts tend to view us [Read More]

By |September 8th, 2023|Negotiation Strategy|

Are You an Introvert or an Extrovert?

In my practice of mediation, I never gave this question any thought! But I should.  I just finished reading a book entitled Quiet by Susan Cain (Broadway Books, New York 2013) and realized that our answer to this question greatly impacts absolutely everything we do in life (including negotiating disputes!) [Read More]

By |September 1st, 2023|Negotiation Strategy|

Time is Money!

One Saturday afternoon, my husband and vegetated and watch a dreadful movie called “In Time “(released October 2011) . The theme of the movie is that time is literally money. In this science fiction thriller, In 2169, people are genetically engineered to stop aging on their 25th birthday. Everyone has [Read More]

By |August 11th, 2023|Conflict resolution|

A Different Way to Negotiate!

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]

The Downsides to Negotiating via Video Conference!

A recent survey ( NADN-2022-SurveyOfLitigators-ViewsOnODR[64656] )  conducted by the National Academy of Distinguished Neutrals found that prior to the pandemic and lock down in March 2020 only about 2% of litigation attorneys had ever attended a mediation or arbitration using a video conference platform.  But thanks to the pandemic, as [Read More]

By |June 16th, 2023|Mediations|

Honking is NOT Free Speech!

Every once in a while, I read about a case that has nothing to do with mediation other than creativity and feel compelled to write about it. As I have noted previously, there is one thing about lawyers and/or their clients: they can be very creative. The Ninth Circuit Court [Read More]

By |May 12th, 2023|Court Cases|
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