2 08, 2019

Process Before Substance

By |2019-07-23T16:21:13-07:00August 2nd, 2019|Research|0 Comments

As part of a book club group, I recently read Negotiating the Impossible: How to Break Deadlocks and Resolve Ugly Conflicts (Without Money or Muscle) by Deepak Malhotra (Berrett-Koehler Publishers, Inc. 2016). The thesis of the book is simple: to resolve any conflict, one must employ Framing, Process and Empathy. Framing is how to present [...]

21 06, 2019

Starting With the Small Stuff

By |2019-06-04T13:33:35-07:00June 21st, 2019|News articles|0 Comments

In my early training to be a mediator, the trainer often suggested that to help the parties reach an agreement on the really big issues, start with the small ones. Discuss the easy issues first and obtain agreement on those. This will build momentum and a sense that resolution is possible. Once the parties find [...]

4 05, 2018

Joint Sessions CAN be Valuable!

By |2018-04-16T16:47:11-07:00May 4th, 2018|Actual Mediations|1 Comment

Many mediators in California will acknowledge that most parties in litigated cases do not like joint sessions and prefer to mediate using caucuses or separate sessions only. There are various reasons for this, among them a belief that counsel may lose control of the situation, that the joint session will devolve into a hostile, adversarial [...]

13 04, 2018

What is “Good Faith”?

By |2018-03-23T15:49:44-07:00April 13th, 2018|Mediations|1 Comment

Recently, I conducted a mediation in which defense counsel was very candid with me by advising that she was there only because the court ordered the mediation and  her client would just assume take the matter to trial.  In this connection, she further advised that  her  client has been taking a very aggressive approach to [...]

27 11, 2015

The Value of a Joint Session

By |2017-05-13T07:43:59-07:00November 27th, 2015|Mediation, Negotiating, Negotiation Strategy, Research|0 Comments

Depending upon where one mediates within the United States, the mediator either will start the mediation with a joint session or will simply start with separate sessions so that the adverse parties may, indeed, never see each other. For some reason, using joint sessions is popular on the east coast but most folks in California [...]

12 06, 2015

Getting over the Bump in the Road

By |2017-05-13T07:45:20-07:00June 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) [...]

6 06, 2015

Seeking “Justice”

By |2017-05-13T07:45:26-07:00June 6th, 2015|Mediations, Research|0 Comments

Plaintiffs file lawsuits seeking “justice”. Defendants respond, stating they are seeking “justice” as well. Both come to mediation, seeking “justice”.  When I am told this, that each side wants “justice”, I am not sure how to respond because I do not know exactly what that word means. An article by Jonathan M. Hyman and Lela [...]