Mediations can be frustrating. And frustration is a growing concern in our current circumstances with instant gratification and a partisan divide shadowing our days. Still, we need to remind ourselves that all parties share a goal for resolution—even if they arrive with diametrically opposed ideas as to the respective merits of […]
Want to become a more effective negotiator? One of the most powerful drivers of the decision-making process is loss aversion. Understanding the psychology of this concept and how it impacts risk management can give you a decided edge during mediations. The concept is so fundamental that it is a key […]
Nothing halts a productive mediation more than one of the parties launching the “F-bomb.” Salty language can be used during negotiations from time to time, but in this case we are discussing the use of the word “final.” Mediators cringe when either party asks them to deliver their “final offer.” […]
Perhaps it’s helpful to start with what negotiation science can’t do for you. Negotiation science can’t mesmerise, trick or fool your counterpart into accepting an offer that doesn’t satisfy their needs. It can’t make a strong case weak, or a weak case strong. And it will never take the place […]
To obtain mastery of the strategic aspects of mediation, counsel need a good understanding not only of their own ethical obligations and procedural role, but those of the other parties. This includes having a sound grasp of the mediator’s role and constraints. We plan to discuss the ethical issues of […]