1 05, 2015

Insuring Settlement

By | 2017-05-13T07:45:47+00:00 May 1st, 2015|Mediations, Negotiation Strategy|0 Comments

A colleague (Esther Bleuel) recently shared a quote by Benjamin Franklin: “Failing to Prepare is Preparing to Fail.” Recently, the Los Angeles Daily Journal published an article by Larry Mills entitled, How Counsel can make or break a settlement. (April 3, 2015- page 2 of Verdicts and Settlements). In essence, the article was all about [...]

5 09, 2014

Lessons to Be Learned

By | 2017-05-13T07:47:44+00:00 September 5th, 2014|Actual Mediations|Comments Off on Lessons to Be Learned

Over the last couple of months, I have posted blogs entitled Anger Management (June 13, 2014), Good Faith (July 3, 2014); Listening for the Emotions (July 18, 2014); Which System is In Control? (July 25, 2014) and Vengeance Shall Never be  Yours August 1, 2014). On numerous occasions, I have also discussed the notion of preparing [...]

6 12, 2013

Preparation: It is All about Cognition

By | 2017-05-13T07:30:05+00:00 December 6th, 2013|Negotiation|Comments Off on Preparation: It is All about Cognition

An often discussed theme in my blog has been preparation; that is, preparing for mediation, as opposed to "winging it." In previous posts, I have stressed (discussing a different reason each time) the importance of preparing for a negotiation/mediation and the dangers of "winging it."Well, as you might surmise, I am returning to this topic [...]

30 08, 2013

Preparation Is The Key

By | 2017-05-13T07:30:58+00:00 August 30th, 2013|Mediation|Comments Off on Preparation Is The Key

In her latest edition of One Minute Negotiating Tips appearing in the August 2013 edition of the Los Angeles County Bar Association's digital magazine ( Volume VII, No. 2), my colleague Linda Bulmash addresses a topic near and dear to me: preparing for negotiation. Her tip actually takes more than a minute (actually 4:24 minutes) [...]

3 05, 2013

Effective Negotiations

By | 2017-05-13T07:32:08+00:00 May 3rd, 2013|Research|Comments Off on Effective Negotiations

I came across a 2009 blog the other day written by Anthony K. Tjan for the Harvard Business Review. It contains 4 simple rules for effective negotiations; reading through them- I found them to be old friends; rules that I have discussed before in my blogs: 1. Be prepared. Mr. Tjan suggests that each party [...]

22 03, 2013

Difficult Conversations

By | 2017-05-13T07:32:23+00:00 March 22nd, 2013|Actual Mediations|Comments Off on Difficult Conversations

A few weeks ago, I conducted a "lemon law" mediation. Over the past few months, most of these have been conducted by using separate sessions only; counsel have not wanted to participate in joint sessions. However, this time, plaintiff's counsel wanted to hold a joint session. Defense counsel who had worked frequently with plaintiff's counsel [...]

27 07, 2012

A Wasted Opportunity

By | 2017-05-13T07:34:40+00:00 July 27th, 2012|Actual Mediations|Comments Off on A Wasted Opportunity

I had a mediation recently that epitomized a wasted opportunity. It lasted only an hour and did not settle. Why? Plaintiff's counsel had not done the necessary preparatory work. It was a wrongful termination action against one of the cities here in the Los Angeles area. At no time prior to the mediation, had plaintiff's [...]

15 02, 2008

Preparation and Communication

By | 2017-05-13T07:38:40+00:00 February 15th, 2008|Actual Mediations, Negotiation, Negotiation Strategy|0 Comments

In November 2006, I wrote a blog entitled “Preparing For Mediation.” Its essence was that in order for a mediation to be successful (i.e. resolve the dispute), each party must prepare for the mediation. Otherwise, the mediation will end in frustration and disappointment. I visit this topic again because it bears emphasis. If each party [...]