I had a strange mediation last week. Neither side submitted briefs, and so I was in the dark about what the mediation was about other than an automobile. The mediation was conducted by telephone. I called plaintiff’s counsel and after introducing myself, the first thing counsel asked was whether she [Read More]
No doubt, many of us have encountered the aggressive negotiator who in a distributive bargaining zero-sum situation makes an “outrageous” settlement demand in the hopes of acquiring as much of the pie as possible. Our response is typically to be angry and to rail against both the demand and the [Read More]
Russia has engaged in the ultimate hardball tactic: it invaded Ukraine. Watching this invasion unfold reminded me of hardball negotiations and tactics. As defined in The Business Professor, “hardball tactics”: …are measures used in a negotiation to set a competitive tone. It generally involves using some form or power, leverage, [Read More]
There is a saying among mediators: often at the start of a mediation, the mediator is the only optimistic person in the room. She is the only one who believes the matter will settle. It turns out that there is something to this adage. In a blog post by the [Read More]
