Our recent book club discussion featured Split the Pie: A Radical New Way to Negotiate by Barry Nalebuff (HarperCollins, New York 2022). While I understand the author’s concept, I am not sure if I am able to implement it as a mediator. In the simplest of terms, in a two-party [Read More]
The Harvard PONS blog posted an interesting tale about a billionaire who bought a 53-acre parcel for $37.5 million encompassing Martin’s Beach in 2008. In “When our “Principles “Crash up Against our Negotiation Goals,” by PON staff (May 11, 2023), the author notes that as the land was subject to [Read More]
In their book, Essentials of Negotiation, Roy J. Lewicki, David M. Saunders and Bruce Barry (7th ed., McGraw-Hill, New York, 2021) set out the traditional negotiation styles. They include: Contending (also called competing or dominating) in which a party will pursue his/her own “…outcomes strongly and show little concern for [Read More]
At Friday night Shabbat services last week, the Cantor (who was filling in for the rabbi) read a sermon prepared by Rabbi Ben Spratt. While the sermon eventually focused on the torah portion for the week, it started off discussing silence or more specifically, the extreme lack of it. Everywhere [Read More]
Quite a few times in the life of this blog, I have visited the notion of preparation. I usually address it as a result of someone attending mediation not being prepared. Well... as you might guess, it happened again. I had a mediation last week where it was obvious that [Read More]
During a mediation, one or more parties will often bring up the topic of managing expectations- usually in reference to the other party. The discussion will be to the effect that I, as the mediator, should go into the other conference room and have a “candid” conversation with that party [Read More]
In previous posts, I have discussed the benefits of small talk. It is crucial to building trust and rapport at the start of any mediation. It is crucial for the mediator to get the parties to “like” her which is done through small talk. If the parties do not “like” [Read More]
Like many folks, I watched Serena Williams play in the second round of the U. S. Open Tennis Tournament against Anett Kontaveit, ranked No. 2 in the world. Serena Williams won. In her interview with a reporter right after winning, Ms. Williams noted that while she is super competitive, she [Read More]
