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 [Read More]
"The Illusion of Memory"Recently, I conducted a mediation involving the purchase and sale of a used vehicle several years ago. The consumer was suing the used car dealer for its alleged failure to disclose certain information about the used vehicle prior to the sale.I listened to each party's story including [Read More]
An often discussed theme in my blog has been preparation; that is, preparing for mediation, as opposed to "winging it." In previous posts, I have stressed (discussing a different reason each time) the importance of preparing for a negotiation/mediation and the dangers of "winging it."Well, as you might surmise, I [Read More]
Today is Black Friday and with it, comes lots of shopping and negotiating for good buys. So... when is the best time to negotiate the best deal? Well, according to a study published about a month ago, people tend to be more honest and more ethical in the morning.A small [Read More]
I am a dog lover; so any story about dogs catches my eye, and I will find a way to relate it to negotiation/mediation. Here is my latest.Recently, The Economist (November 2, 2013) and other news organizations reported on a study by Giorgio Vallortigara, Marcello Siniscalchi, Rita Lusito and Angelo [Read More]
A few months ago, I attended a board of directors meeting of the SCMA Education Foundation. At the meeting, the president started talking about "S.W.O.T. Analysis". Not having majored in business, I had no clue to what she was referencing.I have since learned; S. W.O.T. stands for "Strengths, Weaknesses, Opportunities [Read More]
Let us suppose that you are an attorney representing a client at a mediation. The following occurs:Your clients, the defendants, have told you that you are authorizedto pay $750,000 to settle the case. In settlement negotiations, after your offer of $650,000, the plaintiff's attorney asks "Are you authorized to settle [Read More]
A few weeks ago, I participated in a panel at the California State Bar Convention discussing the "Ethical Duties of Eliminating Bias in the Legal Profession." While the topic sounds dry, our discussion was not. Even though our presentation was at 8:00 am on a Sunday morning, the audience became [Read More]
