Does the “Why” Matter? As lawyers we are trained to discover the facts of a dispute and apply the law to those facts. Lawyers are good at uncovering the what, when, where, who, and how
E-Mail communications are fraught with dangers not present in face-to-face or telephone communications. Human beings are programmed to communicate with more than just words. Take the example of a simple apology. When you offer or
This article explores how the well-known cognitive bias called anchoring can affect a negotiation and how to use it to advantage.
Helping parties face forward and ignore the sunk costs and past slights that lead to a dispute is an important part of the mediator’s job.
Many lawyers in the US and other countries undoubtedly have similar experiences. Legal clients often experience intense stress in the litigation process.
Whatever you think of Elon Musk’s many Twitter scandals, sometimes odd public utterances, and past tax bills, one thing is for sure. The guy is clearly able to achieve the near impossible when it comes to engineering and innovation. It’s a skill he himself attributes to clear thinking.
I want to share a story I found in Professor Adam Grant’s book “Think Again.” The book is about the “skill” of re-thinking — critically and objectively evaluating — what we believe. To illustrate how
The Harvard Program on Negotiations (“PON”) recently published an article describing some interesting tools that should be considered in multi-party dispute resolution settings. The article describes some of the tactics used at the U.N. Climate
The pandemic has brought on many changes, including a complete reversal in the Dispute Resolution Commission’s rules on remote mediation. Prior to June 10, 2020, physical attendance at mediation was mandatory and mediations could be
Neutrality and perhaps as important the perception of neutrality is one of the most precious assets a mediator brings to a mediation. In facilitative and evaluative mediation, the two predominant models used in civil case
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