The Power Of Apology
January 24, 2018
In my experience, apologies in business or civil litigation mediation are the exception not the rule. There may be good reasons for this but you
Blog
Power In Negotiation
November 4, 2017
Benjamin Franklin is credited with saying that “Necessity never made a good bargain!” In his wonderful book, Practical Negotiating, Tom Gosselin contends that “In negotiating,
Are You Competitive or Cooperative?
April 23, 2015
As a 49ers fan I have been intrigued by stories about the former head coach, Jim Harbaugh. His brother, Ravens coach John Harbaugh, tells the
Amazing Face Reading
January 12, 2014
At a recent meeting of a trade group, the lunch time speaker was Mac Fulfer, a lawyer and professional face reader. So what is a
Getting to Yes: Focus on Interests Not Positions
December 12, 2013
By far the most often quoted tenet of “the Method” is to avoid positional bargaining and instead focus on the underlying interests of the opposite
Getting to Yes: Separate the People from the Problem
October 22, 2013
The first tenet of what Fisher & Ury call “The Method” is to separate the people from the problem. Although I think I understood their
Back to the Basics
September 22, 2013
I have recently been reading a number of relatively new books with claims of a revolutionary new way to approach negotiation. Without exception and without
Different Strokes
September 12, 2013
At one mediation I heard counsel accuse the plaintiffs of lying and engaging in “litigation lottery,” hoping for a big payoff. This mediation was over
Decision-Making in the Face of Uncertainty
July 12, 2013
It is the rare successful mediation that does not lead one party or both to wonder whether they could have gotten more or given up
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