Before you speak, let your words pass through three gates
At the first gate, ask yourself, “Is it true?”
At the second gate ask, “Is it necessary?”
At the third gate ask, “Is it kind?”
~ Rumi
HOW INERTIA, DELAYS AND DEADLINES AFFECT YOUR SETTLEMENT
Parties are often surprised by how long it takes to resolve claims. It doesn’t have to be this way. While some causes are beyond participants’ control, parties can proactively take control of the claim to hasten resolution.
The Groundhog Effect…
MAGIC WORDS TO SUCCEED IN MEDIATION
I recently read Magic Words: What To Say to Get Your Way by Johan Berger. The book does not specifically target legal disputes. Here are some suggestions based on my interpretation of some of his conclusions.
“You’re a Problem Solver”…
The Importance of Note Taking
Before you engage in any negotiation, you need to prepare by understanding the issues both from your point of view and your opponent’s. It’s not enough to have a general idea. You need to spend some time on this…
HOW NEGOTIATION IS LIKE ART FORGERY
A big interest of mine is art theft and art forgery. Experts estimate that at least 20-50% of the art in the world’s major art museums and on the commercial art market is fake. How could this be?
The Value…
We're Back!!!!
Well, it’s been a while since we published and that is about to change. Since I spent much of last year becoming associated with JAMS, a lot has happened and I am excited to reboot Disputing Blog.
Hoping to…
The Best Jazz Albums 2024 – A Comparative Survey
This is the fourth annual survey of this kind. I have used the same approach as in 2022 and 2023: The table below combines an Anglo-Saxon view of the jazz… Read More
Escape the Tunnel Vision and Settle Faster
All the necessary parties had gathered for an in-person mediation. But one side said we could not proceed.
“I have just been presented with an expert’s report I have never seen before. I have to depose this expert and probably…
Note Taking During Mediation – Best Practices
Of course you want to take notes during mediation. You want to record new information as it emerges. You need to keep close track of demands and offers. But participants’ note taking could take away from the value of this…
Be An Architect of Choice
At every stage in conflict resolution, parties face an array of choices, but they don’t always recognize them.
Can we offer the opposing party more ways to get to an acceptable conclusion? Think of ways to enhance the proposed monetary…