The art of negotiation can present ethical dilemmas. As explained in the April 2008 (Vol. 11, No. 4) issue of Negotiation published by the Program on Negotiation at Harvard Law School, at times, negotiators will make decisions that clash with their own ethics. Such clashes can arise in a myriad [Read More]
The other day (March 3, 2008, p. 6) the Los Angeles Daily Journal carried an article by Robert A. Steinberg (a mediator with ADR Services) entitled “Mediation Requires Deal Makers, Not Decision Makers.” His theme is that “mediation is a facilitated negotiation.” (Emphasis original.) As Mr. Steinberg explains, “negotiations develop [Read More]
In November 2006, I wrote a blog entitled “Preparing For Mediation.” Its essence was that in order for a mediation to be successful (i.e. resolve the dispute), each party must prepare for the mediation. Otherwise, the mediation will end in frustration and disappointment. I visit this topic again because it [Read More]
Earlier this week, I mediated a case between a homeowner and a general contractor about an unsuccessful home improvement. The general contractor built two patios, pouring the concrete without checking the weather forecast. Later that evening, it rained heavily causing the concrete not to “cure” properly. While the contractor attempted [Read More]
Alexander Graham Bell once said, “Before anything else, preparation is the key to success.” We have all heard the adage to the effect that success is 99% hard work and 1% luck. So, too, with mediations. To reach a resolution during a mediation, each party must prepare for the mediation. [Read More]
