Several weeks ago, I noted that I had just finished reading a book for our book club—The Catalyst: How to Change Anyone’s Mind by Jonah Berger (Simon & Shuster Paperbacks, New York (2020)) (“Catalyst”). The book's thesis is how to get people to change their minds through self-persuasion. To do [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]
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]
Searching for some inspiration for my next blog post, I came across an article in The Conversation entitled, “How the presence of pets builds trust among people”. Noting that 90 million American households have at least one pet, the author Megan Mueller notes that “… research shows our pets can [Read More]
The last mediation I conducted in 2021 did not result in a resolution. There were a number of reasons why which I could not quite put my finger on. But over the holidays I read some books on negotiation which helped to crystallize my thinking. One of the books, Bargaining [Read More]
Lawsuits are products. I know this sounds strange particularly to lawyers who after four years of college, three years of law school and then one or more bar examinations, do not want to consider themselves mere sales people (like the used car sales person?) but that is what we are: [Read More]
