First and foremost, I want to wish each of you a very healthy, happy, prosperous and peaceful New Year. To obtain that peace and a peaceful resolution to all of your disputes, may I suggest something different and oxymoronic: trust. That is right, "trust". Why? Because, a lot of disputes [Read More]
In one of my very early blogs, I discussed the book, Beyond Reason by Daniel Shapiro and Roger Fisher. In it, they discuss five ways or core concerns to overcome emotions when negotiating. One of them is "appreciation: express appreciation of and to your adversary". (The others are affiliation, autonomy, [Read More]
The second issue of ADR Times Perspectives (Vol. 1, No. 2, Nov. 2011, hit my e-mail inbox the other day. Having enjoyed the first issue, I eagerly thumbed through this second issue and found an interesting article by Jasper Ozbirn entitled "Generational Gaps in the Workplace" (at pages 8-9.) According [Read More]
In her Two Minute Training Tip for November 1, 2011, my colleague, Maria Simpson, Ph.D. looks at the words we use when we communicate. She points out that to be an effective negotiator - one must be careful of the pronouns she uses. "You" in any form - "you", "your" [Read More]
The other day, I found a new online magazine in my e-mail box. It was the very first edition, Vol. 1, No. 1 (October 2011) of ADR Times Perspectives on Dispute Resolution.According to the message from the Editor - Ms. Mikita Weaver - this publication started out as an interactive [Read More]
Routinely, most local rules of court require that persons with the ultimate authority to settle a matter be physically present at a court settlement conference or mediation. While it does not take much thought to understand the rationale behind this requirement, it may take a bit more thought to appreciate [Read More]
Once again, my colleague Linda Bulmash has written a concise article on negotiation. In her September 2011 article entitled "12 Steps for Effective Negotiation" published by the Los Angeles County Bar Association (Vol. IV, No. 8), Ms. Bulmash summarizes a "practical and pragmatic negotiation strategy" put forth by Dennis Ross [Read More]
Predictably, my blog draws on my experience as a mediator. Once again, over the last few weeks, I have conducted more than one mediation where time was not taken prior to the mediation to explain to a party what mediation is all about: its process and what to expect. I [Read More]
