Suppose you have a jar of coins and ask several friends to bid on the jar. The highest bid will be deemed the winner. According to Richard H. Thaler ( "Anomalies: The Winner's Curse published inThe Journal of Economic Perspectives ( Volume 2, Issue 1)(Winter 1988) at pp. 191-202), (Thaler [Read More]
My mother passed away on February 24, 2013. It was expected yet unexpected; sudden yet not so sudden. She was 97 and å_ years old. A week before, she was thriving and everything was fine with her; but then, starting a few days before a scheduled assessment conference with the [Read More]
Recently, I wrote about a new study on fairness in monkeys. (another-study-on-fairness ) "Fairness" seems to be a popular topic as my colleague Linda Bulmash in her One Minute Negotiation Tipspublished by the Los Angeles County Bar, (Volume VI, Number 2, February 2013) (Busmash) takes up the topic of "Defining [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]
Recently, I posted a blog on the timing of mediation, noting that sometimes a mediation occurs early in the life of a case and before all of the preparatory work has been done resulting in the parties realizing that more discovery is required to reach a compromise. I noted that [Read More]
On October 22, 2012, we said good-bye to Argus-our English springer spaniel-as the cancer got the best of him. I was devastated. Analogizing to employment litigation in which a terminated employee sues and is stuck in the past, dwelling on the old job and boss until she gets a new [Read More]
Argus Birth is a beginning and death a destination; But life is a journey. A going, a growing from stage to stage: From childhood to maturity and youth to old age. From innocence to awareness and ignorance to knowing; From foolishness to discretion and then perhaps, to wisdom. From weakness [Read More]
Last week, I conducted a mediation in which the Plaintiff was quite angry at what had happened to her. As I learned, she owns an auto body repair shop. Someone had brought a vehicle in for repair. However, that person abandoned the vehicle, never coming to pick it up. So, [Read More]
