School has started. More specifically, I have returned as a lecturer in law at USC’s Gould School of Law teaching ADR Ethics. And, I must say, the first class was very lively. The topic was negotiation ethics. And, at one point, I noted that as a mediator, the most important [Read More]
As part of a book club group, I recently read Negotiating the Impossible: How to Break Deadlocks and Resolve Ugly Conflicts (Without Money or Muscle) by Deepak Malhotra (Berrett-Koehler Publishers, Inc. 2016). The thesis of the book is simple: to resolve any conflict, one must employ Framing, Process and Empathy. [Read More]
Recently, I attended a training on cross cultural communication presented by Jason Harper as part of the Los Angeles County Bar Association training for mediators. During the presentation, Mr. Harper discussed “low-context” and “high -context” communications in terms of relationships vs rights. But first, some definitions: The concepts of high [Read More]
In a recent blog, I mentioned that I attended a seminar presented by Professor Blondell discussing ethical fading in mediation. At one point, she mentioned the SINS scale which I had not heard about. In 2000, Robert Robinson, Roy Lewicki and Eileen M. Donahue wrote an article, entitled, Extending and [Read More]
Having attended both undergraduate and law school at Tulane University in New Orleans, Louisiana, I am a Saints fan and like many, watched the game between the Saints and the Los Angeles Ram including the quite controversial pass interference and helmet to helmet “non-call” occurring with less than two minutes [Read More]
In past blog posts, I have discussed implicit biases and how important it is to recognize their existence and to counteract them in our daily lives. Yet, there may be another and more positive way of looking at them. It is simply a question of “framing”. (See below!) A November [Read More]
Recently, I wrote a blog about an almost mediation that was cancelled at the last moment because the attorney representing one party was not going to be present but sending a substitute instead. While the theme of that blog was that the parties lost a valuable opportunity to settle, there [Read More]
I came across an article on negotiation ethics that intrigued me because I am co-teaching ADR Ethics at USC Gould School of Law this semester. Typically, before I discuss the topic of mediation ethics with my students, I delve into the topic of “negotiation ethics” in general. The article, entitled [Read More]
