"Good Faith"Quite often, one party accuses the other party of not negotiating in "good faith". I never gave much thought to the precise meaning of this term until I attended an entertainment law seminar in which one of the speakers mentioned that most entertainment contracts contain a clause requiring the parties to [Read More]
As a mediator specializing in "lemon law" cases, I work with many of the same plaintiffs' and defense counsel over and over again. They also work with each other over and over again, as well. These two points can be good... and can be bad as I quickly found out [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]
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]
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]
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]
Do you have sweaty palms and a churning stomach whenever you have to negotiate something? Or, are you as cool as a cucumber during such events. A recent study indicates that your nervousness or lack of it affects the outcome of your negotiations.A blog by Katie Shonk posted on October [Read More]
