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|

Knowing When To Fold

In 1978, Kenny Rogers wrote a  song entitled “The Gambler”. Part of the lyrics include the memorable lines, You've got to know when to hold 'em Know when to fold 'em Know when to walk away And know when to run You never count your money When you're sittin' at [Read More]

By |February 24th, 2023|Negotiation|

Managing Our Own Expectations!

During a mediation, one or more parties will often bring up the topic of managing expectations- usually in reference to the other party. The discussion will be to the effect that I, as the mediator,  should go into the other conference room and have a “candid” conversation with that party  [Read More]

By |January 27th, 2023|Negotiation Strategy|

Deception or B. S.?

The Harvard Program on Negotiation (PON)  blog posted an article about deception in negotiations.  Entitled, “Ethics In Negotiation: How tthe Articleo  Deal with Deception at the Bargaining Table” by Pon Staff (August 9, 2022), the article provides four examples of situations in which one could be tempted to use “deception” [Read More]

By |September 16th, 2022|Negotiation|

It’s All a Matter of Style!

Even though my students are training to become mediators, I raise the important issue of negotiation style with them; after all, as mediators, they are, in effect, negotiating with the parties. No doubt, these students did not give much thought to how their style of negotiating impacts their role as [Read More]

Ethical Fading

The American Bar Association recently posted an article in its ABA Weekly Newsletter (May 27,2022)  about a patient signing an agreement with a hospital acknowledging that she will be charged $1300 for surgery but then being billed about $230,000.  The Colorado Supreme Court ruled that the signed agreement prevailed; because [Read More]

Ethics and Negotiation

The Harvard Program on Negotiation (PON) staff posted a blog on ethics in negotiation entitled “Ethics and Negotiation: 5 Principles of Negotiation to Boost Your Bargaining Skills in Business Situations” (April 21, 2022). Naturally, it caught my eye as I teach mediation ethics. The blog post poses 5 questions to [Read More]

By |April 29th, 2022|Negotiation|
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