Mediation Blog
The $475,000 Guess
On Sunday night (August 23, 2009), ABC TV aired the last prime time episode of “Who Wants To Be A Millionaire.” One of the contestants learned (and taught the rest of us) a valuable lesson [Read More]
Be Prepared
Even for a mediator, mediations can be very frustrating. I had a mediation the other week that falls into this category. The defendant and his counsel were willing to settle, and, in fact, wanted to [Read More]
Ethical Negotiations
The art of negotiation can present ethical dilemmas. As explained in the April 2008 (Vol. 11, No. 4) issue of Negotiation published by the Program on Negotiation at Harvard Law School, at times, negotiators will [Read More]
It is not Just About the Law
The other day (March 3, 2008, p. 6) the Los Angeles Daily Journal carried an article by Robert A. Steinberg (a mediator with ADR Services) entitled “Mediation Requires Deal Makers, Not Decision Makers.” His theme [Read More]
Is BATNA Really Your WATNA?
Many years ago, Robert Fisher and William Ury coined the acronym ‘BATNA’ meaning “Best Alternative To A Negotiated Agreement.” It represents the available alternatives when a party is unable to negotiate an agreement. In the [Read More]
Preparation and Communication
In November 2006, I wrote a blog entitled “Preparing For Mediation.” Its essence was that in order for a mediation to be successful (i.e. resolve the dispute), each party must prepare for the mediation. Otherwise, [Read More]
