A Guide to Arrogance in Negotiation and How to Avoid It
December 3, 2023
Although negotiators must display confidence — real or feigned — arrogance is counterproductive. Learn why in this article.
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The Bottom Line
October 23, 2023
Should you tell your mediator your bottom line? This post from an experienced mediator explores that question.
Mediation 2.0
October 18, 2023
The default model for mediation has produced excellent results in most cases. For complex, multi-faceted, or multi-party mediation, this article suggests re-thinking the process.
Negotiating the Impossible
February 19, 2023
Negotiating the Impossible provides insights from the resolution of some of the most intractable conflicts in history. In this introduction and articles to follow, we explore the lessons we can learn from them.
New AAA Commercial Arbitration Rules
September 30, 2022
The 2022 Commercial Arbitration Rules introduced a number of changes. Appropro of the times, it allows the arbitrator to establish the method of conducting the hearing, including video, audio, or other electronic means “when appropriate.”
Silence As A Negotiating Tool
September 22, 2022
Listening — understanding — the other side may be the most important negotiation skill. It is difficult to be a good listener when you are talking. But silence has other benefits discussed in this article.
Ethical Challenges in Mediation
September 17, 2022
Have you ever lied in a negotiation? The most common answer is that it depends on what is meant by lying. Is representing a higher
Mediation: Having a Difficult Conversation
September 10, 2022
One of the best mediators I have worked with describes the mediator’s role as helping people have difficult conversations. I don’t use that line in
Understanding the Mediator’s Role
September 4, 2022
Facilitative vs. Evaluative Mediation In late July, I spoke to the ABA Forum on Construction as part of a panel on how to be a
Mathematical Assessment of Risk and Its Shortcomings: The Ludic Fallacy
June 3, 2022
A significant step in preparing for mediation, or any negotiation, is the calculation of the party’s Best Alternative to a Negotiated Agreement (“BATNA”). Most lawyers
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