I had an interesting mediation the other day. I say "interesting" as I am not sure what other adjective to use.Like most of my mediations, it involved an automobile. The plaintiff claimed that the defendant, a used car dealer, misrepresented several important details in the financing of the used automobile [Read More]
With the upmost respect and acknowledgment to Hamlet's famous soliloquy in Shakespeare's Hamlet, (Act 3, Scen3 1, lines 55-87), the question often arises of when should the parties attempt to negotiate a settlement, through mediation or otherwise.Some argue that the sooner the better, before the parties become entrenched in their [Read More]
Once again, the Program on Negotiation at Harvard Law School has published an interesting blog by Katie Shonk (In Business Negotiations, Dress the Part, June 24, 2014) discussing what we all know but do not always think about: as part of any negotiation, one must dress the part. As she [Read More]
"Good Faith"Quite often, one party accuses the other party of not negotiating in "good faith". I never gave much thought to the precise meaning of this term until I attended an entertainment law seminar in which one of the speakers mentioned that most entertainment contracts contain a clause requiring the parties to [Read More]
As a mediator specializing in "lemon law" cases, I work with many of the same plaintiffs' and defense counsel over and over again. They also work with each other over and over again, as well. These two points can be good... and can be bad as I quickly found out [Read More]
Not every Plaintiff wants to settle her lawsuit. Some, who are wealthy and have time on their hands, enjoy the "game" for the sake of the game. Some plaintiffs are risk takers who enjoy the "ride."I learned this once again in a recent mediation, forcing myself to remember that as [Read More]
An often discussed theme in my blog has been preparation; that is, preparing for mediation, as opposed to "winging it." In previous posts, I have stressed (discussing a different reason each time) the importance of preparing for a negotiation/mediation and the dangers of "winging it."Well, as you might surmise, I [Read More]
Today is Black Friday and with it, comes lots of shopping and negotiating for good buys. So... when is the best time to negotiate the best deal? Well, according to a study published about a month ago, people tend to be more honest and more ethical in the morning.A small [Read More]
