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]
After putting Argus down last October due to spleen cancer, we got a new dog- Cookie - who just turned three. Needless to say, after having a senior citizen dog, it is quite a change to be taking care of a young dog again.Unlike our other dogs, Cookie loves to [Read More]
Perception and transparency. Both are very importantin mediations and negotiations but can be so easily overlooked. This was brought home to me recently in a lengthy mediation that I conducted. It involved a commercial lease and the issue was whether money was owed by the tenant to the landlord for [Read More]
Recently, I conducted a mediation in a matter which probably should never have been filed as a lawsuit; the economics simply were not there. Realistically, plaintiff could not have a Better Alternative to a Negotiated Agreement (BATNA); every scenario would have been more costly no matter what the amount of [Read More]
In her latest edition of One Minute Negotiating Tips appearing in the August 2013 edition of the Los Angeles County Bar Association's digital magazine ( Volume VII, No. 2), my colleague Linda Bulmash addresses a topic near and dear to me: preparing for negotiation. Her tip actually takes more than [Read More]
In 1999, Professors Daniel Simons and Christopher Chabris conducted a now well known study at Harvard University on distraction. As explained in a recent article on BBC Health News:Participants watched a video of two groups of people passing a basketball around - one group in black shirts, one group in [Read More]
Recently, the Program on Negotiation at Harvard Law School posted a blog by Katie Shonk discussing an April 25, 2013 article appearing in the Wall Street Journal written by Zack Anchors (entitled, Mind Mapping Streamlines A Business Negotiation.). In the blog, Ms. Shonk recounts Mr. Anchors' story about a financial [Read More]
I just finished reading a book by J. Anderson Little, Making Money Talk (How to Mediate Insured Claims and Other Monetary Disputes) (ABA Publishing 2007). The book has a lot of practical advice both for mediators and for disputing parties. In simple terms, Mr. Little explains that most disputes which [Read More]
