Are you in awe? Probably not… but, according to a recent article in the Sunday New York Times (“Why Do We Experience Awe? “By Paul Piff and Dacher Keltner-May 24, 2015), we should be. According to research to be published in the June issue of the Journal of Personality and [Read More]
At a certain point in almost every negotiation and every mediation, the parties get stuck; they hit impasse or a bump in the road. Recently, I attended a training with Professor Carrie Menkel- Meadow. In one of her handouts, she discussed ways to creatively solve the issues. They include: 1. [Read More]
Plaintiffs file lawsuits seeking “justice”. Defendants respond, stating they are seeking “justice” as well. Both come to mediation, seeking “justice”. When I am told this, that each side wants “justice”, I am not sure how to respond because I do not know exactly what that word means. An article by [Read More]
( John Nash died on May 23, 2015 in an automobile accident. He was a mathematician who won the Nobel Prize for his Nash equilibrium. While, initially, one may think that such a theory has nothing to do with resolving disputes, to the contrary, it has everything to do with negotiation and [Read More]
I have mediated over 1400 matters. Thus, I have seen parties approach negotiation in a myriad of ways; some appear to be “winging it” while others appear to have some sort of strategy in mind. The common thread appears to be “self-interest” or how can each party get the best deal [Read More]
Recently I read an article about two lawyers assaulting each other during a deposition being conducted in the courthouse. The article, dated April 30, 2015 and printed in NorthJersey.com explains: Two attorneys were arrested and charged with simple assault on Wednesday after they got into a heated dispute that turned [Read More]
Everyone enters into a negotiation with the intent to be honest. But- ay- that is the “rub”. One party’s (“Jane”) definition of “honesty” may be different than the other party’s (“Mary”). Why? Research has shown that one’s honesty will vary with the environment. As a March 25, 2015 blog post [Read More]
A colleague (Esther Bleuel) recently shared a quote by Benjamin Franklin: “Failing to Prepare is Preparing to Fail.” Recently, the Los Angeles Daily Journal published an article by Larry Mills entitled, How Counsel can make or break a settlement. (April 3, 2015- page 2 of Verdicts and Settlements). In essence, [Read More]
