In its April 5, 2013 edition, The Economist had an interesting article in its Science and Technology section about how we judge time. Entitled "Yesterday Came Suddenly", it discusses a study to be published in Psychological Science indicating that we view the future as being closer than the past. Calling [Read More]
A few weeks ago, I conducted a "lemon law" mediation. Over the past few months, most of these have been conducted by using separate sessions only; counsel have not wanted to participate in joint sessions. However, this time, plaintiff's counsel wanted to hold a joint session. Defense counsel who had [Read More]
On January 11, 2013, I posted a blog entitled "A Mediator's Wish List" which discussed a letter to Santa Claus in which the author, a mediator, asked for three gifts: perspective and understanding; empathy and connection; and forgiveness and healing. (a-mediators-wish-list ) The letter appeared in the January 2013 issue [Read More]
One of the jobs of a mediator is to provide a "reality check"; to be a neutral, dispassionate third party, who can be objective and discuss with a party the "downside" or "adverse consequences" to her side of dispute. The goal is to have that party accept what is being [Read More]
I have always believed that a lot of the lawsuits result from a lack of communication or miscommunication. I have also believed that using joint sessions in mediation can be most helpful to clear up a misunderstanding or a lack of understanding. Despite my beliefs, I still mediate a lot [Read More]
Have you ever been asked to imagine during a negotiation or a mediation what the future will look like if you (1) settle the dispute under the terms being proposed; or (2) do not settle the dispute under the proposed (and/or different) terms? No doubt, your response assumes that your [Read More]
Somehow, several years ago, I got on the mailing list for The Indian Arbitrator which is the "News Magazine of the Indian Institute of Arbitration and Mediation." Its articles do not focus solely on developments in India but actually on things occurring throughout the world. The January 2013 issue (Volume [Read More]
It is often said that to resolve disputes, the respective needs and interests of each party must be met. Indeed, this is the thesis of Getting to Yes by Fisher and Ury, the seminal book on negotiation strategy and resolving conflicts. Although the parties did not set out to do [Read More]
