Recently, someone asked me, "When should I mediate my dispute? Should I wait until the lawsuit is filed? Should I wait until depositions are taken or motions for summary judgment are filed and/or heard? When IS a good time to mediate?" To me, it is always a good time to [Read More]
Recently, I read an article posted on the Harvard Law School Program on Negotiation's website discussing the similarity of improvisation and negotiation. (Improv pp.4-8.) In both, one must be quick on her feet- ready for anything at any moment. In both, one must be ready "... to seize unexpected opportunities [Read More]
Two different blog posts on the Program on Negotiation at Harvard Law School's website suggests that mood and one's emotions play an important role in negotiations. If one negotiate while in a bad mood, chances are the negotiations will not turn out well. For this reason, we, intuitively, wait until [Read More]
Once again, The Economist reported on another quirky study. In an article entitled "Tall dark and stable" in the psychology section of its July 14, 2012 edition, the author discusses how "wobbly furniture leads to a desire for emotional stability." Evidently, previous studies have shown that if one is given [Read More]
In its July 21, 2012 edition, The Economist (in an article entitled " 'Snot Fair") discusses a research project conducted by Dr. Nicola Raihani of University College, London and Katherine McAuliffe of Harvard recently published in Biology indicating that people will cry "foul" when they are taken advantage of or [Read More]
Recently, several different organizations have brought to my attention, a resolution on mediator regulation entitled SR-05-01-2012 proposed by Bay Area Lawyers For Individual Freedom to the California Conference of Delegates. Jo Hoenninger, Esq. is its author. The proposed resolution, if passed by the California Conference of Delegates at California's Annual [Read More]
I had a mediation recently that epitomized a wasted opportunity. It lasted only an hour and did not settle. Why? Plaintiff's counsel had not done the necessary preparatory work. It was a wrongful termination action against one of the cities here in the Los Angeles area. At no time prior [Read More]
During one of my early meditation training classes, the teacher suggested that we set out food in the conference rooms during the mediation for at least two reasons. The first is that it provides an indication of how anxious/nervous/relaxed is each party. People do not tend to reach for food [Read More]
