Mediation Ripeness

Many decades ago, when I was in law school, I learned about the “ripeness 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 ““the 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, “The 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.  In the Bartleby commentary in the business section of The Economist  (February 5, 2022 edition), the author discusses how “online 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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