Knowing When To Fold

In 1978, Kenny Rogers wrote a  song entitled “The Gambler”. Part of the lyrics include the memorable lines, You've got to know when to hold 'em Know when to fold 'em Know when to walk away And know when to run You never count your money When you're sittin' at [Read More]

By |February 24th, 2023|Negotiation|

Justice and Fairness

For an upcoming book club discussion, I am reading Master of the Game: Henry Kissinger and the Art of Middle East Diplomacy by Martin Indyk (Alfred K. Knopf, New York 2021). While I have a lot more reading to do to finish the book, I was struck by a passage [Read More]

But is it “fair”?

How many times have we heard the refrain,” But, it is not fair!” or “I just want to be fair about this!” Or “All I want is fairness!”  Or some similar retort? Suppose these comments arise out of a dispute between three partners: Jane, Joan and Sally. Jane put in [Read More]

Benefit vs. Purpose

My first mediation of 2015 settled based on pragmatism. It was a lemon law matter filed under California's Song Beverly Consumer Warranty Act - Civil Code Section 1792 et seq. Plaintiff purchased the vehicle from a neighbor somewhat on a whim, thinking she would use it for commuting. Unfortunately, Plaintiff [Read More]

By |January 23rd, 2015|Actual Mediations|

Fairness: It Is All About Perception

Recently, I wrote about a new study on fairness in monkeys. (another-study-on-fairness ) "Fairness" seems to be a popular topic as my colleague Linda Bulmash in her One Minute Negotiation Tipspublished by the Los Angeles County Bar, (Volume VI, Number 2, February 2013) (Busmash) takes up the topic of "Defining [Read More]

By |February 22nd, 2013|Negotiation Strategy|

Another Study on Fairness

Once again, chimpanzees have been the subject of another study on "fairness". Researchers in Georgia claim they now have "...the best laboratory evidence yet that chimpanzees have a human-style sense of fairness." Those who have reviewed the study believe the study is flawed and opine that a sense of fairness [Read More]

By |February 1st, 2013|Research|