One cardinal rule of negotiation is that one should not bid against herself. That is, negotiation should be a two-way conversation in which party A makes an offer to which party B responds with a counter offer to which party A responds with a new offer and so on. But [Read More]
It is funny how sometimes the stars align to suddenly highlight an issue that was nowhere in my conscious brain before then. Last night, I received an emergency e mail asking if I could help a fellow professor with her class tonight. I looked at my schedule and found I [Read More]
In a recent blog, I discussed my use of feigned anger to help resolve a case. This prompted me to wonder whether the use of anger in negotiations is helpful or harmful. It seems that it can be both bad and good depending on the degree of anger displayed. In [Read More]
Standard I of the Model Standards of Conduct for Mediators is entitled “Self- Determination” and provides that each party is to make a free and informed choice as to process and outcome. Mediation is a voluntary process in which each party is to make her own uncoerced decision. Standard II [Read More]
As I mentioned in my last blog post, I started teaching ADR Ethics at USC Gould School of Law last week. During our discussion of ethics, I asked whether it would be proper to hide information. I posed the following hypothetical: At mediation, an Insurance company settled a dog [Read More]
School has started. More specifically, I have returned as a lecturer in law at USC’s Gould School of Law teaching ADR Ethics. And, I must say, the first class was very lively. The topic was negotiation ethics. And, at one point, I noted that as a mediator, the most important [Read More]
Several weeks ago, I wrote about the proposal by the State Bar to allow non-lawyers to practice law. More specifically, the proposal under the rubric allowing access to justice for more members of society include: Narrowing restrictions on the unauthorized practice of law (UPL) to allow persons or businesses other [Read More]
Several weeks ago, I posted a blog about a book I recently read, Negotiating the Impossible by Deepak Malhotra (Berrett-Koehler Publishers, Inc., Oakland, Ca. 2016). In it, the author notes that three things are paramount to resolving the most intractable disputes: Framing, Process and Empathy. By “framing”, the author means [Read More]
