Mediation Blog
Improv and Negotiation
Recently, I read an article posted on the Harvard Law School Program on Negotiation's website discussing the similarity of improvisation and negotiation. (Improv pp.4-8.) In both, one must be quick on her feet- ready for [Read More]
The Down Side to Mediation Confidentiality!
In previous blogs, I have discussed the hullaballoo surrounding the introduction of AB 2025 into the California Legislature. As originally drafted and introduced into the California State Assembly, it provided that mediation confidentiality would not [Read More]
The Other Person’s Viewpoint
Often, in mediation, I suggest to a party that she look at the issue from the viewpoint of her adversary, i.e., the person sitting in the other room. I do this in an effort to [Read More]
Where is the Settlement Authority?
One of the cardinal rules of mediation is that the person with settlement authority attends the mediation. If not explicitly stated in most state and federal court rules, it is implicit. The reason is obvious: [Read More]
Anchoring and Fairness
Two weeks ago, I posted a blog about "cognitive bias". As explained on ScienceDaily.com, "a cognitive bias is any of a wide range of observer effects identified in cognitive science and social psychology...that are common [Read More]
How Is Your Mood?
Two different blog posts on the Program on Negotiation at Harvard Law School's website suggests that mood and one's emotions play an important role in negotiations. If one negotiate while in a bad mood, chances [Read More]
