February 3, 2014

Many of my mediations involve high emotions. The past couple weeks included several sexual harassment cases, & all were contentious because of the very personal issues. Several involved people who were injured, sick or pregnant, then terminated during or after a leave...

December 15, 2013

My last couple posts emphasized the importance of settling at the mediation. This post acknowledges instances where a party is better served by having more time to decide.
Mediators strive to get cases settled, that's what they are hired to do. Lawyers strive to get th...

November 29, 2013

Parties in mediations often think that they will do better going to trial than taking the settlement on the table, or finishing the process to discover the best outcome of the day. A mediator's response to that hard line position, is that there is no guaranty in going...

September 8, 2013

Most people come to a mediation with the hope of settling. When a mediation ends without a settlement, even the hardest-core negotiators feel & often express a sense of disappointment or letdown. When numbers stay in ranges outside a realistic range of settlement, part...

August 13, 2013

Studies confirm the importance in a negotiation, of everyone feeling heard.  Thus, It is important to listen to what is important to the other side, and why.  Otherwise when a party feels their needs are unimportant, it becomes easy to withdraw or give up.  Understandi...

... according to Lee Jay Berman, founder of AIM faculty & a terrific mediator. He was recently interviewed by Aled Davies on the topic of overcoming impasse in mediation. He describes that phase of mediation as essentially hitting a "pause", at the point where the part...

In a recent pre-lit mediation, defendant accepted responsibility for what happened, and wanted to meet with & apologize to plaintiff (and counsel). Plaintiff's counsel expressed cynicism about motives and credibility. Although I pointed out the opportunity to assess cr...

Speaking of "Difficult" Conversations, I recommend reading the book, "Difficult Conversations" by Douglas Stone, Bruce Patton & Sheila Heen.


It is helpful in negotiations, as well as in our personal and business lives.


Book:   Difficult Conversations

“Mediation is the process of facilitating a difficult conversation between two or more people.  So there are many lessons” ... Aled Davies


Pointers from Aled Davies to help start and have those "difficult" conversations ...
 

click link below

http://bit.ly/187q5OI

April 13, 2013

There are a number of ways to get past this type of perceived impasse. Telling the other side to "change their number" seldom works, and is usually met with the reply, "Then they aren't here in good faith to seriously negotiate". Understandably, many negotiators calcul...

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