17 03, 2017

Missing in Action: Attention, Empathy and Trust

By | March 17th, 2017|Negotiation Strategy|0 Comments

In recent years, much has been made of the fact that we are living in the digital age: we are tethered to our smartphones, iPad, laptops and other devices and are heavily dependent on them. Much like Pavlov’s dogs, whenever our smartphone beeps, vibrates, rings et cetera, we check it to see why.  Sometimes, we [...]

30 10, 2015

Losing Sight of Reality; Trust and Relationships

By | October 30th, 2015|Actual Mediations|0 Comments

I now know why I traded in the very uncivil world of civil litigation for mediation; it is destructive… and nothing really good comes out of it. I say this because I just mediated a post settlement dispute that was about to end in court the next morning as an ex parte motion to enforce [...]

24 10, 2014

Skipping the Small Talk?

By | October 24th, 2014|Research|Comments Off on Skipping the Small Talk?

In previous blogs, I have discussed the importance of "small talk" as a way to not only get to know people but to build rapport and trust. A key to helping parties settle their dispute is having a relationship with them and that relationship depends on trust. A party is NOT going to pay attention [...]

19 09, 2014

Should Your Next Mediator Be An Avatar?

By | September 19th, 2014|Research|Comments Off on Should Your Next Mediator Be An Avatar?

Once again, The Economist has reported on an interesting study concerning artificial intelligence and psychology. In its August 16, 2014 edition, the authors of "The Computer will see you now" discuss a study in which the participants chatted with an avatar. More specifically, Jonathan Gratch at the Institute for Creative Technologies in Los Angeles, California [...]

7 06, 2013

How Not To Mediate: An Actual Mediation

By | June 7th, 2013|Mediations|Comments Off on How Not To Mediate: An Actual Mediation

I conducted a mediation recently that had all of the ingredients for failure (as discussed in last week's blog) from the very start. It was a wage and hour case in which the plaintiff claimed, among other things, that she worked long hours for which she was not adequately paid, was not allowed to take [...]

8 03, 2013

Less E-Mail, More Talk

By | March 8th, 2013|Negotiation Strategy|Comments Off on Less E-Mail, More Talk

I have never been a big fan or, in truth, much of a fan, of e-mail. I prefer to pick up the telephone and have a real, live actual conversation. Why? To get to know the person, or to get to know her better. Simply put, it is "building rapport"! In a Special Report published [...]

6 01, 2012

Try Something New for 2012: Trust

By | January 6th, 2012|Negotiation Strategy|Comments Off on Try Something New for 2012: Trust

First and foremost, I want to wish each of you a very healthy, happy, prosperous and peaceful New Year. To obtain that peace and a peaceful resolution to all of your disputes, may I suggest something different and oxymoronic: trust. That is right, "trust". Why? Because, a lot of disputes (and lawsuits) arise because the [...]