Recently, I wrote about the notion of a “conflict entrepreneur”: “people who exploit high conflict for their own ends.” (Ripley, Amanda, High Conflict: Why We Get Trapped and How We Get Out, Simon &Schuster Paperbacks, New York, NY, 2021) at.xi). I was so intrigued that I bought the book only [Read More]
Recenly, I came upon a blog post from the Program on Negotiation (PON) at Harvard Law School that is worth discussing. It is entitled “10 Hard Bargaining Negotiation Tactics to Watch” Out for in a Negotiation" by Luis Reyes (September 24, 2025). I have seen one or more of these [Read More]
I was watching the CBS news the other night when John Dickerson did a piece on “ What is a Conflict Entrepreneur?” https://youtu.be/fCrQRchkDWY?si=G24Lzq4Mu49tmUyR Dan Harris, in his article “How to avoid a conflict entrepreneur,” defines it as “… someone who inflames turmoil to benefit themselves.” They are individuals who “get [Read More]
I had a troubling mediation the other day. I knew something was amiss when I did not get any mediation briefs. Thus, I had no clue what the case was about, much less the issues. While submitting a brief helps me learn about the case, more importantly, it forces the [Read More]
The Harvard PONS blog posted (on August 27, 2025) a thought- provoking article by Katie Shonk entitled “Moral Leadership: Do Women Negotiate More Ethically than Men?” The answer is that generally, “yes”, “…women are generally less accepting of unethical behavior than men are and tend to behave more ethically than [Read More]
Assembly Bill 1755 (AB 1755) became law on September 29, 2024. It significantly amends California’s Song-Beverly Consumer Warranty Act (ACT), initially adopted in the 1970s. The Act is designed to provide motor vehicle owners with the remedy of restitution or replacement against automobile manufacturers when their vehicle proves to be [Read More]
One of the topics I cover in my mediation classes is the different styles or models of mediation, one of which is evaluative mediation. In the evaluative mediation model, the mediator aims to help the parties reach a resolution. To do this, she “… assumes that the participants want and [Read More]
It has long been said that men tend to be assertive and competitive in negotiations, while women tend to be more passive and cooperative. A recent study discussed in the Program on Negotiation at Harvard Law School (PON) daily blog post debunks this stereotyping. In “Gender and Negotiations: New Research [Read More]
