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]
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]
In a recent blog, I discussed my use of feigned anger to help resolve a case. This prompted me to wonder whether the use of anger in negotiations is helpful or harmful. It seems that it can be both bad and good depending on the degree of anger displayed. In [Read More]
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]
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]
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]
In a recent blog, I mentioned that I attended a seminar presented by Professor Blondell discussing ethical fading in mediation. At one point, she mentioned the SINS scale which I had not heard about. In 2000, Robert Robinson, Roy Lewicki and Eileen M. Donahue wrote an article, entitled, Extending and [Read More]
Having attended both undergraduate and law school at Tulane University in New Orleans, Louisiana, I am a Saints fan and like many, watched the game between the Saints and the Los Angeles Ram including the quite controversial pass interference and helmet to helmet “non-call” occurring with less than two minutes [Read More]
