Originally published in Law360, April 9, 2019 Typically, if a matter settles at mediation, the parties will enter into a settlement agreement then and there to ensure that the matter has indeed settled; there will be no buyer’s remorse or change of mind the next morning. Often included are provisions [Read More]
The other day I stumbled upon a tweet mentioning a “velvet hammer”. Wondering what it was, I googled the reference and came upon an article discussing its meaning and use; Why the ‘velvet hammer’ is a better way to give constructive criticism by Stephanie Vozza. Taking issue with the what [Read More]
Normally, if a matter settles at mediation, the parties will enter into a settlement agreement then and there to ensure that the matter has indeed settled; there will be no buyer’s remorse or change of mind the next morning. Often included within the settlement agreement are provisions that the settlement [Read More]
In cleaning up my office so it could be repainted and re-carpeted, I came upon an article in the July 2018 ABA Journal (volume 104) entitled, “Sounds of Silence” by Philip N. Meyer (pp. 22-23.) ( "ABA Article"). The ABA article notes that a pause at the right moment can [Read More]
Several weeks ago, I posted a blog about moral disengagement regarding the bad call in the Saints- LA Rams game that effectively allowed the LA Rams to win a trip to the Super Bowl. ( As you know, the LA Rams lost to the New England Patriots- their sixth Super [Read More]
My husband and I recently went on a cruise. One of the stops was Nassau, Bahamas. While my husband was looking for something in a shop, I wondered off and into a jewelry store. There, I was given a refresher course in negotiation tactics. I was looking at rings when [Read More]
No doubt you have had these same thoughts: after hearing or reading something, you wonder what on earth was the person thinking? Were they on drugs or something? Where was their self-restraint or the little person inside their head yelling “NO!NO!NO! DON’T DO IT!” This musing is brought about by [Read More]
In preparing to teach a class on mediation ethics, I read Mediation Ethics edited by Ellen Waldman (Jossey-Bass, San Francisco, 2011). In it, she makes a point I had never thought about: The Model Standards of Conduct for Mediators are inconsistent. (Id. at 13-14.) (“Model Standards”) While the Model Standards [Read More]
