Implicit in every negotiation is the question of who holds the power? “Power” is the “… respective abilit[y] of each person in the relationship to influence each other and to direct the relationship.” (bigthink.com) This balance of power does not remain in the same person throughout the negotiation. It will [Read More]
In 1979, Daniel Kahneman and Amos Tversky, in creating their Prospect Theory, developed the important cognitive bias concept of loss aversion. It is summed up in the saying “losses loom larger than gains.” That is, people are more willing to take risks to avoid a loss than to make [Read More]
In 1998, President Bill Clinton was impeached but not convicted based on statements he made regarding his relationship with Monica Lewinsky. In an interview with Jim Lehrer on “NewsHour”, the following exchange occurred: Jim Lehrer: “No improper relationship”—define what you mean by that. President Bill Clinton: “Well, I think you [Read More]
One of the courses I am teaching is Employment Dispute Mediation in which I am essentially teaching the students how to mediate. We are at the point of discussing persuasive techniques and bargaining tactics. One of them intrigued me because although I have used it, I did not realize [Read More]
One value in being a mediator is learning how to think outside the box: to brainstorm. I learned long ago that any problem usually has more than one resolution. So… this is all about Buddy – part 2. Needless to say, Buddy took awhile to recover from the anti-anxiety medicine [Read More]
Mediations have a lot to do with trust. Not only must each party have some trust in the mediator but also should have at least a minimal degree of trust in the other side. If everyone completely distrusts everyone else in the mediation, there will be no resolution. In fact, [Read More]
Life is full of coincidences. Recently, I agreed to teach a class on cross-cultural negotiation. A few days later, the Harvard Negotiation Project published an article entitled, “Dear Negotiation Coach: How Can I Improve My Cross- Cultural Negotiation Skills?” (February 16, 2021). ("Negotiation Coach") Besides my academic teaching interest in [Read More]
Teaching mediation ethics has its good points and bad points. The good is that I have been required to learn the subject matter in depth; the bad is that oftentimes in an actual mediation I am cognizant (or more so) of ethical issues which may escape the (full?) attention of [Read More]
