The agency literature is filled with discussions of how best to structure compensation systems to promote the right incentives for people we hire to do things on our behalf. Embedded in most of it is an assumption that we can tell when someone is doing a good job. That’s not a bold assumption when I … Continue reading Evaluating Agents, Attorneys, Arbitrators, Mediators (and Students)
Sheldon Larky, a full-time family law mediator from Michigan, visited the Moritz College of Law to speak to our students about mediation advocacy and negotiation tactics. Sheldon was a delightful speaker who offered some interesting insights. Chief among those were that one should never negotiate at one’s own office. If a lawyer chooses to negotiate … Continue reading Negotiation Techniques
Aside from the fact you might not have cared about the Packer game last week, unless you lived in a local market (Milwaukee, Green Bay, or Dallas), you couldn’t have watched it anyway. Due to the stalled negotiations between the NFL and cable providers, with Comcast and Time Warner leading the way, only about 4 … Continue reading Why I Got to Watch the Packers Lose (And You Probably Did Not)
During the American invasions of Afghanistan and Iraq, we were introduced to the concept of the “embedded journalist.” Pentagon officials claimed that they were limiting journalists’ access in order to ensure their safety and protect secret military operations. These protestations likely were sincere, but Pentagon officials also must have been aware that “embedded journalists” were … Continue reading The Rise of the “Embedded Neutral?”
Do practicing mediators actually turn to conventional articulations of mediation ethical standards for guidance? So much ink has been spilled describing mediator standards, and so many hours have been devoted to parsing their every word, that some might hope the answer is “Yes, of course!” But I doubt busy mediators ever consult them. I personally … Continue reading Mediator Ethics … and What Actually Guides Us
Last week, I wondered aloud (or whatever the blog equivalent of “aloud” may be) why I had so few experiences in which mediation parties said “thank you” to each other upon arriving at a settlement. Geoff Sharp indicated that his experience in New Zealand was different—that he routinely sees parties thanking each other early and often … Continue reading Ongoing Relationships and the Perils of Gratitude
A few weeks ago, the weekly Torah portion to be read in synagogues across the country dealt with the story of Jacob & Esau. Most of us know this story as a tale of deception—Rachel & Jacob plotting to fool Isaac into giving the eldest son’s blessing (which should have gone to Esau) instead to … Continue reading The Season of Brotherly Love
Scotus blog reported that the parties in Hall Street filed their supplemental briefing. See http://www.scotusblog.com/wp/uncategorized/new-layer-of-dispute-on-arbitration/#more-6207 for a story on this topic as well as a link to the briefs. The parties have until Monday, December 3rd to file reply briefs. While I am not certain that anyone other than Justice Roberts was behind the supplemental … Continue reading Supplemental Briefing Filed In Hall Street
Long ago and far away, I was one of the people who successfully advocated for the institutionalization of ADR in a state court system. But based on research conducted by Professor Bobbi McAdoo and others, I got pretty discouraged about what non-family civil, court-connected mediation had become—dominated by lawyers and a legal-and-litigation focus, characterized almost … Continue reading Communities of Practice and the Continuing Evolution of Mediation
You would think that negotiation professors would be among the best at picking and choosing their times to negotiate, right? We prepare, analyze our BATNA, come up with good options, set the mood, work on the relationship, order in food, and get set to have a wonderful collaborative experience. We also know when to avoid … Continue reading Black Friday and Avoiding Negotiation
