Recently, I wrote about a new study on fairness in monkeys. (another-study-on-fairness ) "Fairness" seems to be a popular topic as my colleague Linda Bulmash in her One Minute Negotiation Tipspublished by the Los Angeles County Bar, (Volume VI, Number 2, February 2013) (Busmash) takes up the topic of "Defining [Read More]
Recently, someone asked me, "When should I mediate my dispute? Should I wait until the lawsuit is filed? Should I wait until depositions are taken or motions for summary judgment are filed and/or heard? When IS a good time to mediate?" To me, it is always a good time to [Read More]
Recently, I read an article posted on the Harvard Law School Program on Negotiation's website discussing the similarity of improvisation and negotiation. (Improv pp.4-8.) In both, one must be quick on her feet- ready for anything at any moment. In both, one must be ready "... to seize unexpected opportunities [Read More]
In my years as a mediator, it has struck me that the smaller the dispute, the harder it is to settle. And, I have always wondered why. Well, my friend and colleague, Maria Simpson, Ph.D., in her most recent Two Minute Training, explained the "why" quite succinctly: it is all [Read More]
One of the major tools in a mediator's toolbox is "persuasion." Either through training, experience and/or intuition, a mediator learns tactics that can be used to "persuade" a party to compromise and settle a dispute. My friend and colleague, Maria Simpson Ph.D., defines "persuasion" as ". . .helping people agree [Read More]
What makes or breaks a successful mediation? Your mindset; that is, how you approach it. Like athletes before an event, one must "visualize" the process of mediation and its successful outcome. Create a mental (if not actual) checklist of the pertinent facts and issues and think about alternative ways to [Read More]
First and foremost, I want to wish each of you a very healthy, happy, prosperous and peaceful New Year. To obtain that peace and a peaceful resolution to all of your disputes, may I suggest something different and oxymoronic: trust. That is right, "trust". Why? Because, a lot of disputes [Read More]
In one of my very early blogs, I discussed the book, Beyond Reason by Daniel Shapiro and Roger Fisher. In it, they discuss five ways or core concerns to overcome emotions when negotiating. One of them is "appreciation: express appreciation of and to your adversary". (The others are affiliation, autonomy, [Read More]
