Many decades ago, when I was in law school, I learned about the “ripeness doctrine” in my Constitutional law course. Simply stated, this doctrine limits the power of a federal court to adjudicate cases that might otherwise fall within its jurisdiction. It concerns ““the timing of judicial intervention and prevents [Read More]
We all love a delightful story. And stories are important in negotiating and resolving disputes. This point was eloquently made by Dr. Joshua N. Weiss in Harvard’s Program on Negotiation, “The Sunday Minute” (April 17, 2022): At their best, stories create a sense of connection, build trust, allow the listener [Read More]
Have you ever considered that everything we know about body language and non-verbal communication does not really apply in a video conference call? I certainly had not. In the Bartleby commentary in the business section of The Economist (February 5, 2022 edition), the author discusses how “online working has changed [Read More]
Over the last several months, Congress has been struggling to reach a consensus on infra-structure legislation with a concurrent reconciliation bill. Because the Senate is evenly divided, a delicate balance of power exists to the point that two senators are having a great deal of say over what goes into [Read More]
I do not know about you, but I have been emailing much much more over the last thirteen months than in pre-Covid days. And, with this increase has come attempts to negotiate by e mail. A recent study confirms what my gut has told me: that negotiating by e mail [Read More]
This blog may not have much to do with mediation but has everything to do with conflict resolution. It is a tribute to Nathanial (Nat) Pollack- my father in law – who passed away suddenly (of a heart attack) on August 13, 2016. My father in law had an extraordinary [Read More]
As a mediator, I have often had a party tell me that she will not settle on the terms proffered because, “It is all about principle!” I take this with a grain or two of salt because I have learned that if the other party becomes sufficiently generous in the [Read More]
In 2006, the American Bar Association issued an ethical opinion- ABA Formal Ethics Op. 06-439 entitled A Lawyer’s Obligation of Truthfulness When Representing a Client in Negotiation: Application to Caucused Negotiation. At issue was whether an attorney has to be as truthful in a caucused mediation as she is obliged [Read More]
