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.
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
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
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
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
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.
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.
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
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
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
