Quite a few times in the life of this blog, I have visited the notion of preparation. I usually address it as a result of someone attending mediation not being prepared. Well... as you might guess, it happened again. I had a mediation last week where it was obvious that [Read More]
During a mediation, one or more parties will often bring up the topic of managing expectations- usually in reference to the other party. The discussion will be to the effect that I, as the mediator, should go into the other conference room and have a “candid” conversation with that party [Read More]
In previous posts, I have discussed the benefits of small talk. It is crucial to building trust and rapport at the start of any mediation. It is crucial for the mediator to get the parties to “like” her which is done through small talk. If the parties do not “like” [Read More]
Like many folks, I watched Serena Williams play in the second round of the U. S. Open Tennis Tournament against Anett Kontaveit, ranked No. 2 in the world. Serena Williams won. In her interview with a reporter right after winning, Ms. Williams noted that while she is super competitive, she [Read More]
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]
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]
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]
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]
