In previous posts, I have discussed the benefits of small talk. It is crucial to building trust and rapport at the start of any mediation. It is crucial for the mediator to get the parties to “like” her which is done through small talk. If the parties do not “like” [Read More]
A few weeks ago, I went into a bookstore to look around and possibly buy some books to read during my work-from-home stint. I stumbled across The Power of Ethics by Susan Liautuad (Simon & Shuster, New York, NY, 2021) and could not resist buying it: it may provide some [Read More]
Let us suppose that you are an attorney representing a client at a mediation. The following occurs:Your clients, the defendants, have told you that you are authorizedto pay $750,000 to settle the case. In settlement negotiations, after your offer of $650,000, the plaintiff's attorney asks "Are you authorized to settle [Read More]
I am a firm believer in the adage that one cannot convince someone to change her mind unless and until she is provided with new or different information. Thus, during the course of mediation, I am unable to change a party's view of the settlement value of a matter without [Read More]
