Mediation Briefs and Preparation

Why do mediators request briefs from the parties? No- it is not just to learn about the case. Their more important function is to force the parties to think and analyze their case; to give some thought about the strengths and weaknesses of their respective cases and consequently, their position [Read More]

By |July 16th, 2021|Mediations|

“Tripping Over the Truth”

  I recently finished reading The Power of Moments by Chip Heath and Dan Heath (Simon &Schuster, New York 2017) for an upcoming book club discussion. The authors note that we spend the bulk of our lives living forgettable moments. Yet, every once in a while, we have a moment [Read More]

By |June 4th, 2021|Research|

“Noise” is not Bias!

I learned a new term recently: noise. Not “noise” as in a room full of people talking loudly, but “noise” as opposed to “bias”.  Whereas “bias” is defined as errors in judgement, “noise” is defined as “the random errors that create decision risk and uncertainty.” ( Noise Versus Bias- We [Read More]

By |May 28th, 2021|Research|

Silence is a Great Tool!

No doubt, you have encountered the situation where you are addressing a group of people and ask a question and are met with silence… absolute quiet! It feels awkward… no one is answering your question.(Indeed, Anglophones can not tolerate more than four seconds of silence while the Japanese can tolerate [Read More]

By |March 26th, 2021|Mediations|

An Ethical Dilemma: What To Do?

Teaching mediation ethics has its good points and bad points. The good is that I have been  required to learn the subject matter in depth; the bad is that oftentimes in an actual mediation I am cognizant (or more so) of  ethical issues  which may escape the (full?) attention of [Read More]

By |January 22nd, 2021|Negotiation Strategy|

There is NOTHING like Preparation!

Well, it happened again; another mediation in which one side was not prepared. And… as you might surmise, the mediation did not last long. (This is a topic I have often addressed in my blogs.) It involved a used automobile. The plaintiff claimed that the used car dealer breached both [Read More]

By |November 13th, 2020|Actual Mediations|

Don’t Be So Grumpy!

That is what my husband said to me a few weeks ago. Needless to say, working from home and in close quarters with hubby for more than three months and continuing does have its moments. So- on one of those days, I was grumpy. My response to him was simple, [Read More]

By |July 10th, 2020|Research|