Blog

How to Make Offers in Mediation

May 30, 2022

Kluwer’s Mediation Blog recently published one of the best articles I have read on negotiating in mediation by Bill Marsh, a London based international mediator.

To Become A Better Negotiator, Become A Better Listener

May 24, 2022

We have this stereotype of good salespeople as being smooth talkers but real professionals know that the key to better sales results is better listening.

Why? And Why Not?

May 3, 2022

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

Do You Negotiate Over E-Mail?

April 24, 2022

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

Effective Use of the Anchoring Bias In Negotiation

January 16, 2022

In mediation, like all negotiations, there is often a reluctance to be the first to set out a number, whether that is an offer or

Science Says Get Out of Your Dead-End Relationship

January 15, 2022

In spite of the headline this blog is not suddenly offering relationship advice. Sadly, I see insights into negotiation and mediation everywhere. That must be

Mediators’ Role When Lawyers Are From Mars And Clients Are From Venus

January 11, 2022

I recently read this interesting article by Professor John Lande on how mediators can help bridge the communication gap between a lawyer and his or

Elon Musk Thinks Every Child Should Learn About These 50 Cognitive Biases

January 4, 2022

In a recent tweet, Elon Musk suggested that human cognitive biases should be taught to everyone at a young age. https://twitter.com/elonmusk/status/1472647410568642564 Setting aside the early

The Skill of Re-Thinking

January 3, 2022

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

Negotiation Lessons from the U.N.

December 12, 2021

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