Emotions In Mediation

Emotions in Mediation

Bob had been Fred’s client for a long time.  Normally, he was low-key and easy-going. Not today.  He was angry and it showed.  His wife Keiko sat teary-eyed and sniffling next to him. ‘Fred, I want you to make George Stevens’ life a misery, do you hear me?” “I hear you, Bob. But I don’t …

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The Negotiation Dance: 5 Reasons Not To Sit Out

The Negotiation Dance

By Scott Van Soye Negotiating price (or a settlement amount) can be a long and frustrating process. Think about the last time you bought a car. Exhausting, wasn’t it? And yet research has shown that the outcome is often predictable. Professor Peter Robinson of Pepperdine University reports that such negotiations usually end with an agreement …

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How the Bargaining Process Helps Parties Feel Satisfied

How the Bargaining Process Helps Parties Feel Satisfied

By Jasper Ozbirn In negotiation theory, it is a basic beginner’s rule not to start with your best offer, or your “bottom line.” When I first heard this, I wondered, “Why not?” I had always negotiated by simply deciding what I would pay for an item, and then walking in and offering that price. If …

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Stipulated Judgment vs Settlement Agreement

Stipulated Judgment vs Settlement Agreement

After a long day of negotiations, the parties have finally agreed on a way to resolve the case and settle their dispute, however, there is still one more decision to make—whether to put that agreement in a stipulated judgment or a settlement agreement.  On the surface, the two options look very similar.  Both include the …

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Winning The Race Taking Chances and Assessing The Risks

Winning The Race Taking Chances and Assessing The Risks

By Mikita Weaver I was fortunate enough to attend a Horse Race in Hong Kong. I heard about the race from a friend I met while traveling who just so happened to be a horse jockey in the United States. We were both eager to see what proved to be an exhilarating cultural experience. Apparently, …

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7 Significant Steps to Prevent Employee Litigation

Prevent Employee Litigation

By Terri Lubaroff Problems, Problems Everywhere… Anyone who has ever worked as corporate counsel knows it ain’t easy. Corporate counsel has to deal with lawsuits, human resources, risk management, internal politics, and an ever-changing landscape of compliance landmines.  To make matters worse, the higher-ups do what they want, when they want… and then they come …

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A Difficult Personality and How to Soothe The Beast

Difficult Personality

By Terri Lubaroff We’ve all dealt with a “difficult personality.” This is the person we are afraid to run into on the elevator at work, the family member who never fails to offend, or the jerk at the furniture store who refuses to refund your money on a delivery that was never made. The difficult …

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When to Negotiate the Litigated Case

When to Negotiate the Litigated Case

By Jeffrey Krivis There are two eternal truths about litigated cases: 1) There is a tremendous likelihood the case will be settled without trial; 2) The settlement could occur any time from the moment the case is filed until the eve of trial. That vacuum of time provides many favorable and unfavorable opportunities to negotiate …

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The Riskin Grid: Mediator Orientations

Riskin Grid - ADR Times

The classic definition of a mediator is one who, without decision-making authority, assists in the resolution of a dispute between two or more others,  Mediation is everywhere; moms do it for their kids, kids do it for their friends, bosses do it for their workers, and so on. Have you tried to calm an argument …

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Types of Negotiation: Distributive vs Integrative

Types of Negotiation

Ron stared. The car was beautiful.  All shiny black metal and gleaming chrome everywhere.  Turning to the man beside him, whose name was Dave,  He asked about the car. “Isn’t she lovely?” “Uh huh. How much?” ‘$26,000. ‘You gotta be kidding. Blue book is $23,000!” “Blue book for this car, in this condition, is $26,500.” …

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