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Arbitration & Mediation

Settle It Now Negotiation Blog

Everything you always wanted to know about negotiation but were afraid to ask. From Victoria Pynchon.
By Victoria Pynchon

Post Frequency: 12.5/day

Last Entry: March 28, 2011 at 19:26:33

Negotiating Competitive Arousal: When the Cost of "Winning" is Too High

Posted on May 12, 2008
Take a look at this summary of the article When Winning Is Everything by Deepak Malhotra, Gillian Ku, and J. Keith Murnighan, now available online here as well as in the May '08 Harvard Business Review. Malhotra and colleagues suggest that an adrenaline-fueled emotional state [which they] call competitive arousal, often leads to bad decisions...

Negotiating Irrationality

Posted on May 12, 2008
Recently, I excerpted the expressed concerns of in-house counsel about ineffective mediators. Among the complaints was some mediators' refusal to see or acknowledge the other side's "irrationality" As Where's the Magic from the U...

Searching for the Bright Mediation Bulb: Criticisms from Across the Pond

Posted on May 11, 2008
Thanks to Geoff Sharp at mediator blah blah for directing us to this great U.K. Mediation resource, The Mediator Magazine which is great to poke around in a little when you're home for mother's day and mom's gone off to bed. Here, for instance, are some well taken criticisms of mediation practice by in-house counsel from the article Where's the Magic?Top of the list of issues which invite scorn is perceived weakness on the part of the mediator...

Is Hillary Negotiating Her Withdrawal? So Says Cokie

Posted on May 09, 2008
From Women on the Web's Conversation Today Cokie Roberts: 'Hillary Is Negotiating Her Withdrawal' with Lesley Stahl © AP A Q&A with ABC News correspondent Cokie Roberts. Excerpt below:LESLEY: Let’s talk about Hillary. I’m wondering, how do you explain her unwillingness, at this point, to throw in the towel? Does she really think she has a shot at winning this? Is she addicted to campaigning, which is my favorite possibility here...

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Negotiating a Raise with a Note of Gratitude to Forbes.com

Posted on May 09, 2008
I shouldn't be talking about collaboration and reciprocity without penning a short note of gratitude for the benefits bestowed upon me and my readers by the new Forbes.com Business and Financial Network. The BFNetwork has not only introduced me to many business blogs that otherwise wouldn't have come to my attention, my narcissistic perusal of my own posts listed there have drawn me into abundant Forbes...

Negotiating Power: NYC Tenants Organize Resistance to Private Equity Bullies

Posted on May 09, 2008
Today's New York Times (Questions of Rent Tactics by Private Equity) reports that investment firms have been purchasing New York City rental properties for the avowed purpose of "turning over 20 percent to 30 percent of the units, five times the typical vacancy rate," to upgrade the rentals up and out of rent regulation, generating tens of millions of dollars of income for the investors...

Negotiating the Flaming Lamborghini Is Not a Happy Hour Drink

Posted on May 09, 2008
Thanks to Commitment Matters: Negotiation Practices in the Commodity World for pointing us to the U.K. Telegraph's provocative article Supermarkets & suppliers: Inside the price war by Jonathan Sibun and James Hall, discussing ruthless negotiation techniques employed by the big supermarket chains in the U...

Negotiating the Minefields of Electronic Discovery

Posted on May 08, 2008
If you need help Negotiating the Minefields of Electronic Discovery, you have my complete sympathy. I hope this article by Stephen D. Williger, Esq.and Robin M. Wilson, Esq. from 10 RICH. J.L. & TECH. 52 (2004) helps. And if you're the client -- well, here's a darn good reason for settlement before you embark on searches of the C: drives of every employee you have! Entire article embedded belowNegotiating the Minefields of Electronic Discovery - Get more documents

Negotiating Anger: Why are They Shouting at Me????

Posted on May 08, 2008
Brilliant piece on de-escalating conflict over at Tammy Lenski's Conflict Zen this morning. Teaser and link below: The friendly bailiff unlocked the small courtroom. After telling me to make myself at home, he pointed to a small red button on the wall...

Negotiating Diversity: What's ADR Got to Do with It?

Posted on May 08, 2008
I'm asked this morning by an ADR colleague whether we can criticize diversity without sounding like racists. The question itself is problematic because it not only assumes a racial divide, it places "us" on the "white" side of it...

Mediator Learns that a Jury Verdict is a Settlement by Other Means

Posted on May 07, 2008
Thanks to Geoff Sharp at mediator blah blah for alerting us to this truly excellent post over at The Consensus Building Institute: Mediator as Juror: A Day in Middlesex County Superior Court. After recounting the facts of the case, CBI's Managing Director Patrick Field comments as follows:[T]he case reminded me why mediators have such an important, but difficult, job in supporting justice, civil society and social capital...

The Puppet Negotiation (rated PG for offensive language)

Posted on May 07, 2008

The Biggest Lie in the Business: It's Only About Money

Posted on May 07, 2008
A friend and former legal partner was fond of saying that the biggest lie in the business was I don't take it personally. After four years of full-time mediation, I have another "Big Lie" to add – it’s only about money...

Google, Viacom and YouTube: What's Holding Up a Settlement

Posted on May 07, 2008
Today the Silicon Alley Insider in its post Google, Viacom: We Won't Settle YouTube Fight Out Of Court asked the same question about Google and Viacom that we've been asking about J.K. Rawling and a middle school teacher -- Whuzzup with the whole settlement thing?As Alley reports, David Eun, VP in charge of Google content partnerships told Dow Jones Newswires ``we're going all the way to the Supreme Court...

New Negotiation Resources: Preparation, Preparation; Preparation

Posted on May 07, 2008
I'll add these to my blog roll when I'm not rushing out the door. For now, check out Jonathan Farrington's Blog post on Negotiation - Dealing with the Early Phases, a resource I have to thank the Business Growth Blog for, cited at the end of more excellent advice on Negotiating: Thinking it through...

The ADR Posse Joins Alltop's Featured Blogs

Posted on May 06, 2008
The web moves so fast I can hardly keep up. But this Alltop listing is supposed to mean that you're very very good at what you do -- blogging in an area of specialty like ADR or "the law."I'll just go ahead and assume that it's meaningful because bloggers need all the lovin' they can get for pursuing, often on a daily basis, their largely uncompensated written work...

In the ABC's of Conflict Resolution, "D" is for Drama Queen

Posted on May 06, 2008
Here's another character who everyone will recognize. The Drama Queen. Male or female, those who "stir up" conflict to add a little dramatic flair to an otherwise boring day, do so for a predictable set of reasons.Before dissecting the guy who's the first to spread the word that George is being fired for "cooking the books," and tells Crystal that the office manager has it in for her at the same time he tells the office manager that Crystal covets her job, let's briefly return to the conflict "basics" outlined in chapter one...

The ABC's of Conflict Resolution: An Open Letter to My Publisher

Posted on May 06, 2008
Dear Janis,As you'll notice, I've posted on my blog the first three "chapters" of the ABC's -- due out from Janis Publications under the more genteel title "A" is for Donkey in July. Not meaning to compare myself to one of the greatest writers of all-time -- Charles Dickens -- other than in our mutual need for reader recognition, I'm hoping you will find that the "serialization" of the ABC's will encourage readers to buy it rather than discouraging them from doing so...

"C" is for Coward: The ABC's of Conflict Resolution

Posted on May 05, 2008
(photo by Cobalt 123)In the ABC's of Conflict Resolution, we call “cowards” by another "C" term. We call them “conflict avoidant.” You can decide whether you are among the “conflict avoidant” by asking yourself how deeply you relate to the feelings described by New York Times writer Bob Morris in his article How to Avoid, Well, You...

"B" is for Bully: The ABC's of Conflict Resolution

Posted on May 05, 2008
Here’s another familiar character. This is the kid who shook you down for your lunch money on the elementary school playground. The one who taunted you in gym whenever you failed to pass the basketball to the only guy able to sink it. The swaggering bad boy who threw the “dodge” ball in your face and then fell down laughing...

"A" is for Asshole: the ABC's of Conflict Resolution

Posted on May 05, 2008
You recognize this guy.He’s the one who stole your parking place. He cut you off in traffic. Just last night at the Olmstead’s party, he interrupted your story about your trip to London for the sole purpose of changing the subject to his trip to Cambodia...

Advice from Forbes.com: How to Negotiate Like a Pro

Posted on May 05, 2008
Because I'm in this Forbes Business and Financial Blog Network, I figured I should finally take a look around to see what useful advice Forbes.com might have for my readers. And sure enough, a Forbes.com search turned up How to Negotiate Like a Pro from the Entrepreneurs column by Lisa LaMotta...

Mediators Beyond Borders April Newsletter

Posted on May 05, 2008
April Mediators Beyond Borders Newsletter - Get more documents

Employment Arbitration a "Moral" Hazard?

Posted on May 05, 2008
See Lawyers USA News Brief Employees may be at disadvantage in arbitration by Correy E. Stephenson here. Excerpt below.State courts are reversing arbitration awards for employees at a "statistically significant" rate compared to reversing employer-friendly awards, according to a new study...

Chicago IP Litigation Blog Hosts a Carnival of Trust

Posted on May 05, 2008
R. David Donoghue over at the Chicago IP Litigation Blog is hosting a new "Carnival" of Blogs that is new to me -- The Carnival of Trust. As David explains:The Carnival of Trust is a monthly, traveling review of ten of the last month's best posts related to various aspects of trust in the business world...

I'm Ready for My Close-Up Mr. DeMille!!

Posted on May 04, 2008
My Judicate West Video Profile here and, of course, Gloria Swanson in Sunset Blvd. belowMy favorite lines:Joe Gillis: You're Norma Desmond. You used to be in silent pictures. You used to be big. Norma Desmond: I am big. It's the pictures that got small...

Negotiating Protest: A "Mediation" the Community Doesn't Want?

Posted on May 04, 2008
Here's a local community protest being "handled" -- in part -- as a community-wide "mediation," "facilitation," or "public dialog."We have an attempted engagement here over the apparently unwanted "gift" of a new Home Depot in the Sunland-Tujunga community...

Why Take a Negotiation Class in Law School?

Posted on May 02, 2008
(pictured, Harvard law School's winning Negotiation Team)I could write an entire book on why law students should study negotiation as well as an entire chapter on why they should study texts written for MBA students rather than law students...

The Complete Lawyer Arrives in LACBA Member Email Boxes on May 5

Posted on May 02, 2008
The Los Angeles County Bar Association will soon be bringing its members the dynamite on-line work-life balance journal The Complete Lawyer.Even if I weren't a columnist for TCL (the Human Factor here) I'd still urge you to flip through the online "pages" of this tremendous resource...

Rights and Interests Mind-Map (Top-of-the-Head-Speed-Map)

Posted on May 02, 2008
I really need to do one of these for a real case soon.

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