30 08, 2019

Framing, Process and Empathy: How important they really are!

By |2019-08-19T17:27:58-08:00August 30th, 2019|Actual Mediations|0 Comments

Several weeks ago, I posted a blog about a book I recently read, Negotiating the Impossible by Deepak Malhotra (Berrett-Koehler Publishers, Inc., Oakland, Ca. 2016). In it, the author notes that three things are paramount to resolving the most intractable disputes: Framing, Process and Empathy. By “framing”, the author means presenting a proposal objectively so [...]

24 05, 2019

Overconfident: It is Always Better to Settle!

By |2019-05-07T16:01:30-08:00May 24th, 2019|News articles|0 Comments

Several years ago, I read about a study which showed that lawyers tended to be overconfident in winning at trial.  The study (Insightful or Wishful: Lawyers’ Ability to Predict Case Outcomes by Jane Goodman-Delahunty, Maria Hartwig, Pär Anders Granhag and Elizabeth F. Loftus, published in 16 Psychology, Public Policy, and Law, 133-157,  No. 2, (2010) [...]

15 05, 2015

Beyond “Being Difficult”!

By |2017-05-13T07:45:41-08:00May 15th, 2015|Negotiation, New Articles|0 Comments

Recently I read an article about two lawyers assaulting each other during a deposition being conducted in the courthouse. The article, dated April 30, 2015 and printed in explains: Two attorneys were arrested and charged with simple assault on Wednesday after they got into a heated dispute that turned into a fist fight at [...]

24 04, 2015

To Build Rapport- Laugh Together!

By |2017-05-13T07:45:52-08:00April 24th, 2015|Research|0 Comments

Well- we missed it! March 20 was International Day of Happiness. Evidently, it was created by a United Nations Resolution passed at its 118th plenary meeting on June 28, 2012, declaring March 20th of each year to be the holiday. As one might guess, the resolution was promoted by the Kingdom of Bhutan which has [...]

20 06, 2014

It is all about the Food

By |2017-05-13T07:27:56-08:00June 20th, 2014|Research|Comments Off on It is all about the Food

Something tells me that being a foodie if not a chef should be part of the job description of a mediator.   About a month ago, I wrote about a study that showed how one's grumpiness and thus willingness to settle disputes depends on the level of one's blood sugar; the grumpier one is, the greater [...]

20 12, 2013

More is Not Always Better

By |2017-05-13T07:30:00-08:00December 20th, 2013|Research|Comments Off on More is Not Always Better

Over the Thanksgiving holiday, I read Malcolm Gladwell's latest book, David and Goliath (Little, Brown and Company 2013). While he raises many interesting points throughout the book, the one that struck me was the "inverted U-curve" which he first mentions in chapter 1. In a footnote on page 54, he explains:Inverted-U curves actually have four [...]