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Script Your Moves
I moved to San Francisco in the late ‘70’s, about the time Joe Montana and Bill Walsh got here. Of course I became a big ’49er fan. Bill Walsh, the legendary ’49er coach, prepared for game day by...
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Prepare for Emotion
If you think I’m talking about your clients’ emotions, you’d be half right. It’s not just our clients’ emotions we have to deal with; it’s ours as well. Think back to your last several mediations....
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Address Certitude
I was certain for at least 50 years that there were 9 planets and the farthest one away was Pluto. Even now, I choose to believe that there are still 9 planets and the farthest one away is Pluto. It’s...
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Select the Mediator
Which door to choose? It only takes 40 hours of training to become a mediator, and if you’re a judge, you get a bye. Mediators have different skill sets and varying degrees of conflict resolution...
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Impasse in Mediation: Why Cases Fail to Settle
In a litigated case, there are at least four points of view about settlement: the points of view of the plaintiff, the plaintiff’s lawyer, the defendant and the defendant’s lawyer. Add in claims...
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Impasse in Mediation: When You’re Stuck, Ask Questions
Lawyers, in particular, are really, really good at spotting issues, marshaling facts and constructing arguments. But, asking good questions to resolve a dispute? Not so much. Wharton School...
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Dealing with Irrationality in Negotiation
Here’s a proven negotiation tip that most people don’t think of, or at least don’t think of first. I think it’s not used more frequently because it’s a little counter-intuitive. When we get stuck in...
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Staying Positive
As part of your mediation preparation, consider being, and staying, positive. If you choose to stay positive, not only will your own mood be improved, you will have a better chance of settling your...
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Negotiation Tip – It’s Not About You
It’s about them. I imagine this is very hard to hear. One of the best, if not the best, negotiation tip I can recommend is to forget about you (and your client) for a moment. It’s not about you. It’s...
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Ten Common Negotiation Mistakes
Harvard Business School professors Deepak Malhotra and Max Bazerman wrote one of my favorite negotiation books: Negotiation Genius. There are many powerful negotiation strategies in this book. They...
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