Justice and Fairness

For an upcoming book club discussion, I am reading Master of the Game: Henry Kissinger and the Art of Middle East Diplomacy by Martin Indyk (Alfred K. Knopf, New York 2021). While I have a lot more reading to do to finish the book, I was struck by a passage [Read More]

A Big Piece of Pie!

I had a strange mediation last week. Neither side submitted briefs, and so I was in the dark about what the mediation was about other than an automobile. The mediation was conducted by telephone. I called plaintiff’s counsel and after introducing myself, the first thing counsel asked was whether she [Read More]

Ethical Fading

The American Bar Association recently posted an article in its ABA Weekly Newsletter (May 27,2022)  about a patient signing an agreement with a hospital acknowledging that she will be charged $1300 for surgery but then being billed about $230,000.  The Colorado Supreme Court ruled that the signed agreement prevailed; because [Read More]

But is it “fair”?

How many times have we heard the refrain,” But, it is not fair!” or “I just want to be fair about this!” Or “All I want is fairness!”  Or some similar retort? Suppose these comments arise out of a dispute between three partners: Jane, Joan and Sally. Jane put in [Read More]

BATNAs and Anchors

We are all taught that before entering into any negotiation, we should give some thought to what our best alternative is if we do not settle (that is, our Best Alternative to a Negotiated Agreement or BATNA.)  And along these lines, we have learned that if we have a really [Read More]

The Ultimate Hardball Tactic!

Russia has engaged in the ultimate hardball tactic: it invaded Ukraine. Watching this invasion unfold reminded me of hardball negotiations and tactics. As defined in The Business Professor,  “hardball  tactics”: …are measures used in a negotiation to set a competitive tone. It generally involves using some form or power, leverage, [Read More]

By |February 25th, 2022|Negotiation Strategy|

Multi-Tasking

My husband and I have two English Springer Spaniels, one of whom (aka Buddy) loves to walk and to say “hi” to other dogs. The other day I was walking Buddy when we came across a man walking his dog and intently participating in a conversation on his cell phone. [Read More]

By |January 28th, 2022|Negotiation Strategy|