Mediation Blog
If you are going to mediate, be happy!
Long ago, I learned that outside events can affect a person’s mood at mediation. One example is traffic- fighting traffic to get to a mediation on time will affect the negotiation process. For this reason, [Read More]
Bidding Against Yourself…Until the Other Side is Out of Time!
One cardinal rule of negotiation is that one should not bid against herself. That is, negotiation should be a two-way conversation in which party A makes an offer to which party B responds with a [Read More]
The Reality of Impasse: Show me the money!
It is funny how sometimes the stars align to suddenly highlight an issue that was nowhere in my conscious brain before then. Last night, I received an emergency e mail asking if I could help [Read More]
The Good and Bad of Anger in Negotiation!
In a recent blog, I discussed my use of feigned anger to help resolve a case. This prompted me to wonder whether the use of anger in negotiations is helpful or harmful. It seems that [Read More]
Sometimes, It Pays to Pretend Anger!
Standard I of the Model Standards of Conduct for Mediators is entitled “Self- Determination” and provides that each party is to make a free and informed choice as to process and outcome. Mediation is a [Read More]
Culture Differences
As I mentioned in my last blog post, I started teaching ADR Ethics at USC Gould School of Law last week. During our discussion of ethics, I asked whether it would be proper to hide [Read More]
