Negotiations are never conducted in a vacuum. There are a myriad of forces impacting and influencing a party’s willingness and ability to negotiate and settle disputes. Part of our job as attorneys and mediators is to identify those forces, then determine if we can counter them and use them to our advantage. As a teacher … Read More
For most of us, apologies don’t come easy. Personally, I have no trouble apologizing to my wife. As long as she apologizes first. . . That said, apologies can be powerful in litigation. Even more so in mediation. What’s more, mediation provides a setting in which parties can apologize more easily. After all, the process … Read More
part 1 Impasse. Arguably the single most dreaded word in the world of negotiation — where the worst outcome is no outcome. Impasse occurs every day — in business, marriage, life — and typically results when one or both parties in a negotiation refuse to make further concessions on a particular issue. As much as … Read More
Whether it’s written or oral, communication is the legal profession equivalent of blocking & tackling — and it comes naturally to most attorneys. I suspect most of us would grade ourselves pretty highly on our communication skills. That said, I have to wonder if we’re intentional enough about what we communicate, and the messages we … Read More
