Predictably, my blog draws on my experience as a mediator. Once again, over the last few weeks, I have conducted more than one mediation where time was not taken prior to the mediation to explain to a party what mediation is all about: its process and what to expect. I [Read More]
In searching for a topic for this week, I reviewed my colleague Linda Bulmash’s “Negotiation Tips” published monthly by the Los Angeles County Bar. Her topic for this month is using respect and grace in negotiation. Her point: Civility, respect and grace do much towards reaching an agreement. These words [Read More]
Last week, there was a pretty important mediation. It involved a lot of parties - 20 to be exact - on a very important issue- the global economy. It took place in London and was co-mediated. The primary mediator - Prime Minister Gordon Brown of Britain- seemed to be doing [Read More]
The art of negotiation can present ethical dilemmas. As explained in the April 2008 (Vol. 11, No. 4) issue of Negotiation published by the Program on Negotiation at Harvard Law School, at times, negotiators will make decisions that clash with their own ethics. Such clashes can arise in a myriad [Read More]
In November 2006, I wrote a blog entitled “Preparing For Mediation.” Its essence was that in order for a mediation to be successful (i.e. resolve the dispute), each party must prepare for the mediation. Otherwise, the mediation will end in frustration and disappointment. I visit this topic again because it [Read More]
Earlier this week, I mediated a case between a homeowner and a general contractor about an unsuccessful home improvement. The general contractor built two patios, pouring the concrete without checking the weather forecast. Later that evening, it rained heavily causing the concrete not to “cure” properly. While the contractor attempted [Read More]
Alexander Graham Bell once said, “Before anything else, preparation is the key to success.” We have all heard the adage to the effect that success is 99% hard work and 1% luck. So, too, with mediations. To reach a resolution during a mediation, each party must prepare for the mediation. [Read More]
