You are viewing all entries related to 'Negotiation'.

September 21, 2017

Mediating Early?  Do These Three Things

More parties are mediating earlier than ever before – often before or right after the lawsuit is filed.  Early mediation can be very effective, especially when you consider the following three strategies.

#1: Consider Whether You Should...

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Filed Under: Mediation, Negotiation

October 11, 2016

Mediating Environmental and Toxic Tort Disputes: The Art and the Science

Environmental and toxic tort litigation matters are often complex and usually involve many parties; this is why mediating them requires a unique combination of approaches – far beyond the classic caucus-only mediations that are standard today.  While some toxic tort and environmental cases can...

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Filed Under: Mediation, Negotiation

September 06, 2016

Neuroscience and Negotiation

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Filed Under: Mediation, Negotiation

April 19, 2016

Negotiating from Within

Have you ever had a recurring impasse in your professional or personal relationships?  Take, for example, the opposing counsel who screams at you in the middle of a settlement conference. Or how about the colleague who gets under your skin until you just can’t take it anymore and snap at him? At times like these, we often lack the ability to move the conversation -- and therefore the negotiation -- in a more productive direction.

Our initial impulse is to dwell on how difficult the...

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Filed Under: Negotiation

January 06, 2016

Five New Year’s (Dispute) Resolutions!

Many of us will be making resolutions in the New Year.  Here are five New Year’s (Dispute) Resolutions to assist you in resolving your disputes.

1. Engage your client during the mediation process.
We lawyers have a tendency to want to control the mediation, but this often prevents meaningful participation of clients...

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Filed Under: Mediation, Negotiation

October 21, 2015

Managing Your Constituents in Mediation

Nearly a decade ago, I heard Dennis Ross, the senior mediator appointed by President Clinton, speak at an Association of Business Trial Lawyers program where he reflected on his role as lead mediator of the Israeli and Palestinian dispute.  Ambassador Ross shared his most significant learning opportunity from the process:  He failed to ensure that the representatives from each side - especially Yasser Arafat - had, in fact, been communicating with and obtaining buy-in from his respective constituents.  Ambassador Ross believed that this failure to communicate with constituents was the primary reason why the negotiations failed.

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Filed Under: Mediation, Negotiation

December 03, 2014

Negotiation Strategy in Mediation: Mix It Up

As seasoned negotiators, most of us know how to do the classic distributive bargaining to settle a lawsuit. We understand opening offers, brackets and midpoints.  When our matters settle, we don’t think twice about the process because it worked.  But what about when there is an impasse?  That’s when things get interesting, and we need to dig a little deeper to solve the puzzle.

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Filed Under: Negotiation