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Better Advocacy in Arbitration & Mediation

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Mediation
Bob Meynardie

The Skill of Re-Thinking

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 and objectively evaluating — what we believe. To illustrate how

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Mediation
Bob Meynardie

Negotiation Lessons from the U.N.

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 describes some of the tactics used at the U.N. Climate

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Mediation
Bob Meynardie

Bracketology

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 use of brackets will not change parties’ calculation of their

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Negotiation
Bob Meynardie

The Power Of Apology

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 should never underestimate the potential of a good apology for

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Negotiation
Bob Meynardie

Power In Negotiation

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, power is a function of alternatives.”   Gosselin is right,

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Mediation Theory
Bob Meynardie

Is Positional Bargaining Unavoidable?

One of the primary tenets of Roger Fisher and William Ury’s book “Getting to Yes” is that negotiations should focus on interests not positions, i.e., avoid positional bargaining.  Positional bargaining takes place when each side

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Negotiation
Bob Meynardie

Are You Competitive or Cooperative?

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 story of how as a Little League baseball player Jim

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