Is a settlement agreement signed by less than all parties at the conclusion of a mediation enforceable? Every once in awhile, this question arises because one of the parties has attended by telephone and is not near a fax machine et cetera to sign the agreement and send it back. [Read More]
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, [Read More]
The second issue of ADR Times Perspectives (Vol. 1, No. 2, Nov. 2011, hit my e-mail inbox the other day. Having enjoyed the first issue, I eagerly thumbed through this second issue and found an interesting article by Jasper Ozbirn entitled "Generational Gaps in the Workplace" (at pages 8-9.) According [Read More]
In her Two Minute Training Tip for November 1, 2011, my colleague, Maria Simpson, Ph.D. looks at the words we use when we communicate. She points out that to be an effective negotiator - one must be careful of the pronouns she uses. "You" in any form - "you", "your" [Read More]
Recently, I posted blogs on the necessity of "dancing" and on "difficult people". This past week, both topics collided in a mediation! What an experience! The matter was a simple automobile accident in which defendant admitted liability. So, I thought to myself prior to the mediation (and after reading the [Read More]
The other day, I found a new online magazine in my e-mail box. It was the very first edition, Vol. 1, No. 1 (October 2011) of ADR Times Perspectives on Dispute Resolution.According to the message from the Editor - Ms. Mikita Weaver - this publication started out as an interactive [Read More]
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Routinely, most local rules of court require that persons with the ultimate authority to settle a matter be physically present at a court settlement conference or mediation. While it does not take much thought to understand the rationale behind this requirement, it may take a bit more thought to appreciate [Read More]
