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]
Once again, the Program on Negotiation at Harvard Law School has published an interesting blog by Katie Shonk (In Business Negotiations, Dress the Part, June 24, 2014) discussing what we all know but do not always think about: as part of any negotiation, one must dress the part. As she [Read More]
Something tells me that being a foodie if not a chef should be part of the job description of a mediator.  About a month ago, I wrote about a study that showed how one's grumpiness and thus willingness to settle disputes depends on the level of one's blood sugar; the [Read More]
Let us suppose that you are at a mediation or in some sort of negotiation and the other party has just said something that has gotten you so angry, you are ready to grab your belongings and storm out of the mediation/negotiation.What should you do: give in to your feelings [Read More]
In many mediations (including those I have conducted), there comes a point when the parties are at an impasse: they are stymied in reaching a settlement. The plaintiff wants more, and the defendant believes it has already offered too much. The parties want to settle but do not know how [Read More]
While I do not conduct family law mediations, I read an article in the April 19, 2014 edition of The Economist which I cannot resist mentioning. Entitled "Hunger Strikes", it discusses a study led by Brad Bushman of Ohio State University recently published in the Proceedings of the National Academy [Read More]
One of the hardest obstacles to settling a dispute is overcoming a party's sincere belief that she is above average and therefore is right and the other person is wrong. Known as the "Lake Wobegon "effect, Wikipedia explains:The Lake Wobegon effect, a natural human tendency to overestimate one's capabilities, is [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]
