In 2006, the American Bar Association issued an ethical opinion- ABA Formal Ethics Op. 06-439 entitled A Lawyer's Obligation of Truthfulness When Representing a Client in Negotiation: Application to Caucused Negotiation. At issue was whether an attorney has to be as truthful in a caucused mediation as she is obliged [Read More]
It Helps to Listen!A few weeks ago, a colleague Esther C. Bleuel posted an article about hearing and listening, noting that the only thing these two concepts have in common is our two ears. As we know, "hearing" is not the same as "listening." To quote Ms. Bleuel, "...the purpose [Read More]
Not every Plaintiff wants to settle her lawsuit. Some, who are wealthy and have time on their hands, enjoy the "game" for the sake of the game. Some plaintiffs are risk takers who enjoy the "ride."I learned this once again in a recent mediation, forcing myself to remember that as [Read More]
Given the pervasive use of e mail in business and in our lives in general, it is not surprising that a lot of disputes get settled via e mail. Indeed, there is a whole cottage industry including several web sites devoted to on-line dispute resolution.Consequently, a recent federal district court [Read More]
As my first blog of 2014, I would like to wish each of you a Happy New Year. May it bring you health, happiness, joy and prosperity.My wish is forward looking as it involves the year to come- 2014. Yet, an Op-Ed piece by Amy Summerville of Miami University posted [Read More]
As my first blog of 2014, I would like to wish each of you a Happy New Year. May it bring you health, happiness, joy and prosperity.My wish is forward looking as it involves the year to come- 2014. Yet, an Op-Ed piece by Amy Summerville of Miami University posted [Read More]
An often discussed theme in my blog has been preparation; that is, preparing for mediation, as opposed to "winging it." In previous posts, I have stressed (discussing a different reason each time) the importance of preparing for a negotiation/mediation and the dangers of "winging it."Well, as you might surmise, I [Read More]
Today is Black Friday and with it, comes lots of shopping and negotiating for good buys. So... when is the best time to negotiate the best deal? Well, according to a study published about a month ago, people tend to be more honest and more ethical in the morning.A small [Read More]
