We are all taught that before entering into any negotiation, we should give some thought to what our best alternative is if we do not settle (that is, our Best Alternative to a Negotiated Agreement or BATNA.) And along these lines, we have learned that if we have a really [Read More]
Teaching the art and science of mediation brings to my consciousness a lot of pointers that otherwise reside in my subconscious. Two of them are the fine art of persuasion and the tool of persistence. The textbook used in class (Frenkel, Douglas N. and Stark, James H. The Practice of [Read More]
The Academy Awards ceremony on Sunday, March 27, 2022, was more than just entertaining: it provided an important lesson on apologies. When Chris Rock came forward to present the award for Best Documentary Feature, he joked about seeing Jada Pinkett Smith (wife of Will Smith) in G. I Jane 2 [Read More]
Last week, I conducted a lemon law mediation which highlighted a very valuable lesson. People need to be heard, acknowledged, and told that what they are saying has merit. The plaintiff leased a luxury automobile. At one point, she brought it into the dealership after the check engine light came [Read More]
No doubt, many of us have encountered the aggressive negotiator who in a distributive bargaining zero-sum situation makes an “outrageous” settlement demand in the hopes of acquiring as much of the pie as possible. Our response is typically to be angry and to rail against both the demand and the [Read More]
In various blogs throughout the years, I have discussed the unreliability of eyewitness testimony and of misidentification. However, an article in the Science and Technology section of The Economist (February 24, 2022) entitled “First Impressions”, suggests that eyewitness identification may not always be incorrect. The article notes it has been [Read More]
In a Parable of Trust, I discussed how our dog- Buddy- has come to trust us so much that my husband was able to groom him without having to use a muzzle or render him semi-conscious with sedatives. The thesis was the difference trust makes when present. This week, I [Read More]
Russia has engaged in the ultimate hardball tactic: it invaded Ukraine. Watching this invasion unfold reminded me of hardball negotiations and tactics. As defined in The Business Professor, “hardball tactics”: …are measures used in a negotiation to set a competitive tone. It generally involves using some form or power, leverage, [Read More]
