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]
This semester, I will be co-teaching a course in negotiation. To prepare, I read the three assigned textbooks on the subject over the holidays. What struck me but not as a surprise, is that each author emphasized the importance of preparing for the mediation. None of them suggests simply walking [Read More]
In Mediation Ethics: A Practitioner's Guide edited by Omer Shapira (ABA 2021), Bill Eddy contributes chapter 8 entitled "Dealing with Difficult Parties" (pp. 165-185.). Mr. Eddy defines a difficult party as “… someone who demonstrates some or all of the following in the mediation process: exaggerated emotions, adamant directives, attacking [Read More]
A few weeks ago, the Harvard PONS blog posted an article outlining research findings that too many BATNAs may not be such a great thing. Entitled Negotiation Research: When Many BATNAs Are Worse than One by the PONS staff on July 22, 2021, it discusses a study by Michael [Read More]
Implicit in every negotiation is the question of who holds the power? “Power” is the “… respective abilit[y] of each person in the relationship to influence each other and to direct the relationship.” (bigthink.com) This balance of power does not remain in the same person throughout the negotiation. It will [Read More]
In 1979, Daniel Kahneman and Amos Tversky, in creating their Prospect Theory, developed the important cognitive bias concept of loss aversion. It is summed up in the saying “losses loom larger than gains.” That is, people are more willing to take risks to avoid a loss than to make [Read More]
In 1998, President Bill Clinton was impeached but not convicted based on statements he made regarding his relationship with Monica Lewinsky. In an interview with Jim Lehrer on “NewsHour”, the following exchange occurred: Jim Lehrer: “No improper relationship”—define what you mean by that. President Bill Clinton: “Well, I think you [Read More]
One of the courses I am teaching is Employment Dispute Mediation in which I am essentially teaching the students how to mediate. We are at the point of discussing persuasive techniques and bargaining tactics. One of them intrigued me because although I have used it, I did not realize [Read More]
