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
Blog
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
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
Bracketology
July 4, 2019
In virtually every mediation that bogs down, I am asked about the use of brackets. Brackets have their place but to state the obvious: the
Dealing With A Competitive Approach in Mediation
October 4, 2018
In my mediation practice I have found that cases are much more likely to settle when the parties approach the process collaboratively. For many advocates,
How to Win Every Mediation
September 29, 2018
Any article on winning must start by defining the term. Unlike most of what we do as litigators, mediation never results in an absolute “win.”
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