If you have ever mediated a case with me (and most of you have not), you know that I crack jokes, especially in the opening joint session. There is a method to my madness; to take the tension out of the situation and try to put the parties at ease. [Read More]
A recent study found that even chimpanzees use conflict resolution in the form of policing (i.e., arbitration/mediation) to resolve their disputes and/or to prevent them in the first place. Further, like humans, they look to those with status or high rank, to resolve the erupting conflict. Perusing Google news, I [Read More]
A few weeks ago, I posted a blog entitled "Mediation is a Mindset" suggesting that if one walks into a mediation with a positive attitude, the mediation will probably be successful. Unwittingly, I was discussing "optimism bias" which, as defined in Wikipedia: ". . .is the demonstrated systematic tendency for [Read More]
In its latest Technology Quarterly section, The Economist published an article entitled "Game Theory In Practice" (September 3, 2011) in which it explores using "game theory" to forecast political and economic events and to resolve disputes. It seems that Bruce Bueno de Mesquita, an academic at New York University, has [Read More]
Often, in a mediation, one and/or both parties tell me that they would rather go to trial than accept or pay the sum of money (or other item) being discussed as a compromise of the matter. At this point, I discuss the risks of going to trial. Sometimes I am [Read More]
Many years ago, Robert Fisher and William Ury coined the acronym ‘BATNA’ meaning “Best Alternative To A Negotiated Agreement.” It represents the available alternatives when a party is unable to negotiate an agreement. In the context of litigation, it often means going to trial. Based on a study just published [Read More]
