Let’s take a deeper look into Face Negotiation Theory. Have you ever been in a negotiation or conversation with someone where you suddenly notice yourself taking on a defensive stance to protect yourself? Maybe you have been more willing to give in a negotiation to help the other person or preserve what you believe the …
It may seem difficult to imagine why some lawyers choose to leave the practice of law after attending law school, passing the bar exam, and working so hard to advance their careers in the legal profession. Many law firms and businesses have pondered why there are so many unhappy lawyers and many lawyers have wondered …
Whether you’re a professional mediator, a manager seeking to address workplace disputes, or someone looking to improve your personal relationships, developing mediation competency is essential. Mediation is a valuable skill that can help individuals resolve conflicts and achieve mutually beneficial outcomes. In this blog post, we’ll explore the key components of mediation competency and discuss practical …
When does anchoring negotiation appear? How much to pay to settle a dispute or anchor price to purchase an item or settle a dispute is one of the most important decisions to be made before the negotiation process begins. A great many factors will influence the decision. Someone considering settlement will take into account, among …
The cost of moving, the odds of winning, and the risks of losing. Summary judgment is a pre-trial, usually late-discovery or post-discovery motion in which the moving party or parties seek a ruling that the admissible evidence shows there is “no triable issue of material fact” in dispute, judgment, and therefore no reason for a …
What is the power of finding and using a BATNA & WATNA? The goal of an alternative dispute resolution (ADR) process is to come to a resolution together so that the parties can both agree on and avoid the eventual litigation that could arise in the dispute. However, not every mediation or negotiation ends in a …
Are you sure you are going to come out on top in the upcoming business negotiations, though you have just joined the bargaining team? Be careful, you may be suffering from overconfidence. According to Merriam-Webster.com, overconfidence is: “The quality of being overconfident; excessive confidence.” Overconfident, in turn, is defined as: “excessively or unjustifiably confident: …
One of the most noticeable issues that could arise in a negotiation or mediation is an imbalance of power. Often one of the hardest issues to overcome if the neutral or the parties are not prepared, and still difficult when the neutral is prepared, an imbalance can easily throw an otherwise successful dispute resolution process.
According to a study by Steele and Nimmer, the top two concerns that clients have about their attorneys are that fees are too high, and that performance is delayed. Perhaps because of this, the California Legislature passed laws in 1978 requiring that the State Bar establish a fee arbitration program. It may also establish a …
Communication is an important part of any workplace or group setting, and a key component of reaching agreements. When communication is healthy, a workplace or group can be productive and reach its objective. When communication breaks down, other aspects of the workplace begin to fall apart as well. In some cases, communication breaks down as …