Revisiting “Good Faith”!

In 2018, I wrote a blog about mediating in “good faith”. It involved a mediation in which defense counsel admitted that she was there ONLY because the court had ordered the mediation; her client was not inclined to settle or to offer anything in settlement. This posed the question: was [Read More]

By |January 24th, 2020|Research|

Have Faith in Another’s Honesty!

In any given mediation, I am often asked whether I think the other party is telling the “truth”, can she be  “trusted” ? et cetera. It is a hard question to answer, and I prefer to be positive and optimistic in my response by stating that I have no reason [Read More]

By |November 8th, 2019|Research|

If you are going to mediate, be happy!

Long ago, I learned that outside events can affect a person’s mood at mediation. One example is traffic- fighting traffic to get to a mediation on time will affect the negotiation process. For this reason,  I try to schedule mediations after rush hour so at least the parties are not [Read More]

By |October 25th, 2019|Research|

Building Trust

School has started. More specifically, I have returned as a lecturer in law at  USC’s Gould School of Law teaching ADR Ethics. And, I must say, the first class was very lively. The topic was negotiation ethics. And, at one point, I noted that as a mediator, the most important [Read More]

By |September 13th, 2019|Research|

Should you Set A Goal?

The Harvard Negotiation PON’s recent blog raises an interesting issue: in a negotiation should you set a goal? In “The Anchoring Effect and How It Can Impact Your Negotiation”, it answers “yes”. Noting that the “anchoring effect is a cognitive bias that describes the common human tendency to rely too [Read More]

By |August 9th, 2019|Research|

Process Before Substance

As part of a book club group, I recently read Negotiating the Impossible: How to Break Deadlocks and Resolve Ugly Conflicts (Without Money or Muscle) by Deepak Malhotra (Berrett-Koehler Publishers, Inc. 2016). The thesis of the book is simple: to resolve any conflict, one must employ Framing, Process and Empathy. [Read More]

By |August 2nd, 2019|Research|

Context Matters

Recently, I attended a training on cross cultural communication presented by Jason Harper as part of the Los Angeles County Bar Association training for mediators. During the presentation, Mr. Harper discussed “low-context” and “high -context” communications in terms of relationships vs rights. But first, some definitions: The concepts of high [Read More]

By |February 15th, 2019|Research|