Empathy As A Deceptive Tactic

Β  Β  The New York Times Opinion published a guest essay entitled β€œThe Dark Side of Empathy” on May 4, 2025. While it has a political slant, it raises the question of whether empathy is being used as a tactic. As background,Β  and as I noted in a blog last [Read More]

By |May 9th, 2025|Negotiating|

Mediation Ripeness

Many decades ago, when I was in law school, I learned about the β€œripeness doctrine” in my Constitutional law course. Simply stated, this doctrine limits the power of a federal court to adjudicate cases that might otherwise fall within its jurisdiction. It concerns β€œβ€œthe timing of judicial intervention and prevents [Read More]

By |September 15th, 2023|Negotiating|

Storytelling

We all love a delightful story. And stories are important in negotiating and resolving disputes. This point was eloquently made by Dr. Joshua N. Weiss in Harvard’s Program on Negotiation, β€œThe Sunday Minute” (April 17, 2022): At their best, stories create a sense of connection, build trust, allow the listener [Read More]

By |May 13th, 2022|Negotiating|

Body Language on Zoom!

Have you ever considered that everything we know about body language and non-verbal communication does not really apply in a video conference call? I certainly had not.Β  In the Bartleby commentary in the business section of The EconomistΒ  (February 5, 2022 edition), the author discusses how β€œonline working has changed [Read More]

By |February 18th, 2022|Negotiating|

Imbalance of Power

Over the last several months, Congress has been struggling to reach a consensus on infra-structure legislation with a concurrent reconciliation bill. Because the Senate is evenly divided, a delicate balance of power exists to the point that two senators are having a great deal of say over what goes into [Read More]

By |November 12th, 2021|Negotiating|

Bring Them Cake!

This blog may not have much to do with mediation but has everything to do with conflict resolution. It is a tribute to Nathanial (Nat) Pollack- my father in law – who passed away suddenly (of a heart attack) on August 13, 2016. My father in law had an extraordinary [Read More]

By |August 26th, 2016|Negotiating|
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