Ethical Challenges in Mediation
September 17, 2022
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
Blog
Mediation: Having a Difficult Conversation
September 10, 2022
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
Understanding the Mediator’s Role
September 4, 2022
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
Mathematical Assessment of Risk and Its Shortcomings: The Ludic Fallacy
June 3, 2022
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
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
Categories
- Arbitration (3)
- Rules (2)
- Mediation (47)
- Mediator's Role (12)
- Negotiation Skills (29)
- News & Events (1)
Word Cloud (Tags)
Alternative Processes (1)
Anchoring (1)
Apology (1)
Arrogance (1)
Asynchronous Mediation (2)
Bias (1)
Brackets (1)
Civil Collaborative (1)
Competitive or Cooperative (3)
Ethics (1)
Face Reading (1)
Getting to Yes (3)
Good Mediation (1)
Guided Choice (2)
Lessons Learned (1)
Mediator (4)
Narrative Mediation (3)
Negotiation (1)
Negotiation Skills (8)
Positional Bargaining (3)
Power (1)
Problem Solving (1)
Psychology (1)
Risk Assessment (3)
Rules (2)