It’s all in the Wag of the Tail

I am a dog lover; so any story about dogs catches my eye, and I will find a way to relate it to negotiation/mediation. Here is my latest.Recently, The Economist (November 2, 2013) and other news organizations reported on a study by Giorgio Vallortigara, Marcello Siniscalchi, Rita Lusito and Angelo [Read More]

By |November 22nd, 2013|Mediation|

What is your S.W.O.T.?

A few months ago, I attended a board of directors meeting of the SCMA Education Foundation. At the meeting, the president started talking about "S.W.O.T. Analysis". Not having majored in business, I had no clue to what she was referencing.I have since learned; S. W.O.T. stands for "Strengths, Weaknesses, Opportunities [Read More]

By |November 15th, 2013|Negotiation Strategy|

Information Please

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]

By |November 8th, 2013|Research|

Assumptions: Why Cookie Eats Grass

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]

By |October 11th, 2013|Negotiation|

Perception and Transparency in Mediation

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]

By |September 27th, 2013|Mediation|

Negotiating when there is no BATNA!

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]

By |September 6th, 2013|Negotiation|

Preparation Is The Key

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]

By |August 30th, 2013|Mediation|

Where Is The Gorilla?

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]

By |August 16th, 2013|Research|
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