I was perusing the internet recently and came upon an interesting study about our memory. When recalling events, we make things up and do not even realize it. In “Eyewitness Imagination: How Our Minds Change Our Memories”, Matthew J. Sharps, Ph.D. discusses a common error in eyewitness testimony in criminal [Read More]
Thanks to the pandemic, Online Dispute Resolution (ODR) seems to be the ONLY way to resolve conflicts these days. The notion of an in-person mediation is just not safe. While most folks read “ODR” to reference video conferencing, it does also include e mail and all other forms of asynchronous [Read More]
When confronted with a difficult person in any type of negotiation, the default position may seem to be “tit for tat”; if the other person is difficult, then you become more difficult in an attempt to out dominate the other (and potentially dominating) person. But a recent blog post [Read More]
Have you ever noticed that some people are better negotiators than others? That more often than not, those folks get more of what they are seeking than others? Well, it probably has to do with their style of negotiation. In a blog posted on August 25, 2020,on the Harvard PONS [Read More]
The New York Times on August 1, 2020 published an article on microaggressions in the medical profession. (“For Doctors of Color, Microaggressions Are All Too Familiar” by Emma Goldberg). While the article does focus on doctors of color, it does have broader applicability, to anyone or any group who is [Read More]
There is a saying among mediators: often at the start of a mediation, the mediator is the only optimistic person in the room. She is the only one who believes the matter will settle. It turns out that there is something to this adage. In a blog post by the [Read More]
Several times in the past, I have written blog posts on the power of an apology and the right way to do it. (See, “It Ain’t Easy To Say “I’m Sorry”” and “On Apologies….Once Again”). The other day, I was reading some other blog posts and came across one discussing [Read More]
(Spoiler Alert: This blog has absolutely nothing to do with mediation other than the fact this case should have never gone this far and should have been settled at mediation.) “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Eighth Amendment to U. [Read More]
