Mediation Ripeness

Many decades ago, when I was in law school, I learned about the “ripeness doctrine” in my Constitutional law course. Simply stated, this doctrine limits the power of a federal court to adjudicate cases that might otherwise fall within its jurisdiction. It concerns ““the timing of judicial intervention and prevents [Read More]

By |September 15th, 2023|Negotiating|

Should you Set A Goal?

The Harvard Negotiation PON’s recent blog raises an interesting issue: in a negotiation should you set a goal? In “The Anchoring Effect and How It Can Impact Your Negotiation”, it answers “yes”. Noting that the “anchoring effect is a cognitive bias that describes the common human tendency to rely too [Read More]

By |August 9th, 2019|Research|

Walking Away an Impasse

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]

By |May 30th, 2014|Research|

Effective Negotiations

I came across a 2009 blog the other day written by Anthony K. Tjan for the Harvard Business Review. It contains 4 simple rules for effective negotiations; reading through them- I found them to be old friends; rules that I have discussed before in my blogs: 1. Be prepared. Mr. [Read More]

By |May 3rd, 2013|Research|
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