Add Your PerspectiveMarch 30, 2012
Because the Other Side Has a Perspective
Sometimes I don’t need to hear why, or how, it happened — the thing just speaks for itself. A few months ago I read an article in The New York Times and made up my mind by the third line, which detailed the audience’s anger as “a cellphone began ringing – and ringing, ringing, ringing without cease – during a performance by the New York Philharmonic.” Through first-hand accounts available from thousandfold echo, Superconductor, and Max Kinchen, we now know that no one cared why, or how, it happened. Fellow concertgoers yelled, “Thousand dollar fine!”, “Get out!”, and “Kick him out!”.
Later I learned the rest of the story, and the case of the unrelenting marimba ringtone is now an easy way to More…
Categories: Communication,Fundamentals,Mediation,Negotiation
5 PerspectivesNovember 9, 2011
The Decision Tree, Step by Step: How Much Is Your Million Dollar Case Worth?
What’s your dispute worth – to you and to the other side? It’s hard to imagine settling without knowing the answer, and a decision tree can be a critical tool to help you get there. As I have said before, there are plenty of reasons why we should use decision trees, but – until now – there hasn’t been a step by step guide detailing how to use them. It’s time to change that.
Smith v. BiggCo, Inc. – Case Background
To demonstrate how to create a decision tree I have used a few screenshots from Resolution Tree, a decision tree product from my friends at Unit Interactive and me. In this decision tree, you represent Smith, who plans to sue More…
Categories: Communication,Decision Trees,Negotiation,Resolution Tree,Selected Posts
2 PerspectivesAugust 17, 2011
Breaking Impasse in Mediation: The Book
Impasse in mediation is an important topic to mediators, lawyers and the clients they serve, and I’m no exception — links to my prior posts on breaking impasse in negotiation can be found here and here, and a .pdf of a longer paper I delivered more than a few years ago can be found here. I’m happy to say that the New York State Bar Association has just published a helpful new resource that can help us all avoid impasse in settlement negotiations: Definitive Creative Impasse-Breaking Techniques in Mediation.
In the spirit of full disclosure, my chapter on “High-Low Agreements and More: Definitive Tools to Break Impasse in Mediation” is among those in the book, which contains 19 chapters filled with real tips and tactics you’ll be able to apply in your next mediation. As you can see from the book’s Table of Contents and Contributor Biographies, our (persistent and helpful) editor Molly Kapper, J.D., Ph.D. pulled together some of the best mediation personalities and commentators in the business:
Editor: Molly Klapper, J.D., Ph.D.
Authors:
- Simeon H. Baum, Esq.
- Professor Vivian Berger
- John DeGroote, Esq.
- Julie Denny
- Hon. William A. Dreier
- Professor Dwight Golann More…
Categories: Mediation,Negotiation,Settlement,Strategy,Tactics
2 PerspectivesMay 12, 2011
Don Philbin and Doug Noll: Two More Reasons to Go to Malibu this June
Longtime readers know I’m a big fan of training programs at Pepperdine’s Straus Institute for Dispute Resolution, but our friends in Malibu have just given us two more reasons to come back for the 24th Annual Summer Professional Skills Program in Dispute Resolution – Don Philbin and Douglas Noll.
You probably know Don as a mediator or through his work on adrtoolbox.com or his often-cited Harvard Negotiation Law Review article, and you likely know Doug from his numerous books, his mediation practice focusing on “difficult, complex, and intractable conflicts,” and his various works at lawyertopeacemaker.com – but what you may not know is that they have teamed up to teach a cutting-edge class at Pepperdine this summer to help mediators, lawyers and their clients achieve better settlements from the Monday after the training ends.
Preventing Bad Settlement Decisions and More
Philbin and Noll have agreed to cover several critical topics in the three-day course, most of which are neglected or underserved in mediation training – the title to their course is “Preventing Bad Settlement Decisions and Impasse Using More…
Categories: ADR,Education,Mediation,Negotiation