The Sound of Silence!

The Sound of Silence is a song written by Disturbed and released in 2015 but made famous by Simon and Garfunkel in the movie, The Graduate. Its lyrics include the phrases: “People talking without speaking, People hearing without listening.” It is the last phrase I want to dwell on: People [Read More]

It’s All a Matter of Style!

Even though my students are training to become mediators, I raise the important issue of negotiation style with them; after all, as mediators, they are, in effect, negotiating with the parties. No doubt, these students did not give much thought to how their style of negotiating impacts their role as [Read More]

A Sense of Entitlement!

In pre pandemic days when mediations were held in person, mediators often provided snacks and goodies for the parties to nibble on throughout the day. For good reason! To increase the odds of reaching a settlement. A recent Harvard PONs blog post confirms that food plays a significant role in [Read More]

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]