Recently (as part of a book club), I read The Psychology of Conflict by Raul Randolph (Bloomsbury Publishing PLC, London 2016) who is a barrister and mediator. His approach is to use existentialism as the vehicle through which to discuss the psychological aspects of mediation. Although some participants of mediation [Read More]
Recently, I stumbled across an interesting study published online by the ABA Journal (aka American Bar Association Journal). Researchers discovered that when the LSU Tigers unexpectedly lose a football game, the juvenile judges take their anger/frustration at the loss out on the juveniles before them by imposing longer sentences. (“Louisiana [Read More]
There are right ways and wrong ways to say “I am sorry”. Most of us have figured out the wrong ways… by accident. We try to apologize only to have it blow up in our faces because we continue on by trying to justify or excuse what we just did [Read More]
In his bestselling book, Thinking Fast and Slow, Daniel Kahneman (Farrar, Straus and Giroux, New York, 2011) notes that our brains contain two systems of thought: System 1 which “… operates automatically and quickly, with little or no effort and no sense of voluntary control” (Id. at 20) and System [Read More]
Are you a risk taker? Or, are you a risk averter? According to a recent article in the New York Times (Rats That Tend to Gamble Help Reveal Science of Risk by Pam Belluck, March 24, 2016 at page A21), the answer lies in a specific type of neuron or [Read More]
A few weeks ago, I discussed the paradox of Avoidance and Engagement as discussed by Bernard Mayer in his book, The Conflict Paradox (ABA and Jossey-Bass, 2015). I cited the use of mediation as an example of this paradox. Parties engage in mediation to avoid further litigation or prolonging the [Read More]
As a mediator, I have often had a party tell me that she will not settle on the terms proffered because, “It is all about principle!” I take this with a grain or two of salt because I have learned that if the other party becomes sufficiently generous in the [Read More]
In 2006, the American Bar Association issued an ethical opinion- ABA Formal Ethics Op. 06-439 entitled A Lawyer’s Obligation of Truthfulness When Representing a Client in Negotiation: Application to Caucused Negotiation. At issue was whether an attorney has to be as truthful in a caucused mediation as she is obliged [Read More]
