10 08, 2018

Past the Time Is the Right Time!

By |2018-07-27T12:31:45-07:00August 10th, 2018|Actual Mediations|1 Comment

Many, many years ago, someone once said to me that people do not begin to negotiate until it is past the time to negotiate. How true this can be as borne out by a recent mediation. The matter involved the purchase and sale of a condo. The mediation was held before any lawsuit was filed. [...]

2 12, 2016

Extreme Negotiations

By |2017-05-13T07:41:22-07:00December 2nd, 2016|Negotiation Strategy|1 Comment

Although I have taken many many hours of training about negotiation, none of them has really involved what we witnessed during the Presidential election: extreme negotiations. In essence, both Mrs. Clinton and president-elect Trump were engaging in extreme negotiations with the American public in the hopes of becoming the 45th President of the United States.  [...]

17 05, 2013

The Subtly of Actual Mediations

By |2015-02-17T10:18:28-07:00May 17th, 2013|Actual Mediations|Comments Off on The Subtly of Actual Mediations

Most folks think that the purpose of mediation is to settle cases. However, in the last few weeks, I have conducted some actual mediations that were "successful" yet did not settle. Although the parties came to mediation with the goal of settling, they walked out accomplishing other purposes.There are many secondary goals or reasons for [...]

19 12, 2011


By |2017-05-13T07:36:37-07:00December 19th, 2011|Negotiation Strategy|Comments Off on Acknowledgement

In one of my very early blogs, I discussed the book, Beyond Reason by Daniel Shapiro and Roger Fisher. In it, they discuss five ways or core concerns to overcome emotions when negotiating. One of them is "appreciation: express appreciation of and to your adversary". (The others are affiliation, autonomy, status and role.) Each one [...]

4 11, 2011

Do You Really Want To Settle?

By |2017-05-13T07:37:13-07:00November 4th, 2011|Negotiation Strategy|Comments Off on Do You Really Want To Settle?

People come to mediation to settle their disputes. Or, so they claim! But, do they really want to settle? In her monthly column, One Minute Negotiation Tips, published by the Los Angeles County Bar Association (Vol. IV, No. 9, October 2011), Ms. Linda Bulmash asks this fundamental question: Is Your Client Sure That He/She Wants [...]

11 10, 2011

Effective Negotiation

By |2017-05-13T07:37:32-07:00October 11th, 2011|Negotiation Strategy|Comments Off on Effective Negotiation

Once again, my colleague Linda Bulmash has written a concise article on negotiation. In her September 2011 article entitled "12 Steps for Effective Negotiation" published by the Los Angeles County Bar Association (Vol. IV, No. 8), Ms. Bulmash summarizes a "practical and pragmatic negotiation strategy" put forth by Dennis Ross in his latest book Statecraft [...]