Category Archives: Mediation

Problem Solving – Where Special Forces and Dolphins Find Common Ground

Dolphins are natural problem solvers. The habits and intelligence of dolphins was the focus of a story in a recent issue of National Geographic (May 2015), and a photo in the story caught my attention. It pictured two bottlenose dolphins underwater off the Florida Keys. Each one had its snout in a rope handle at opposite ends of a PVC …

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Posted in Collaborative Mediation, dolphins, Mediation, special forces, teamwork | Comments Off

Legal disputes are parts of something greater

What if we began to see disputes as a small part of something bigger? If we viewed them as a point along a spectrum with a greater continuum? If we placed the dispute within the context of one or more larger relationships? When we do this, we free ours… Continue reading

Posted in Collaborative Processes, Dispute Resolution Resources, Mediation, Preventive Law | Comments Off

Liar, Liar, Texts on Fire

You can’t go anywhere without someone texting you today.  For some, text messages are the preferred source of communications.  But how accurate are texts and can we rely on this form of communication? The reality is that text message, while efficient, is a very flawed method of communicating.  According to longstanding research by Mehrabian, 93% […] Continue reading

Posted in deception, liar, lying, Mediation, messages, negotiation, text, texting, xu | Comments Off

Replacing the “Blame Game” with a “New Game Plan”

Two recent Boston Globe stories (2 21 13) stood out for their common theme – that of laying blame and finding fault. One article entitled “Not Without Blame” apportioned blame for what happened to the 2012 Red Sox. The other story was about the l… Continue reading

Posted in Collaborative Law, Collaborative Mediation, Collaborative Processes, Dispute Resolution Process, Dispute Resolution Resources, Mediation | Comments Off

What does “Getting My Day in Court” mean, really?

What typically happens to a person who is in a dispute and wants to “get his/her day in court”? Much of my practice is either representing employers or employees in employment disputes or mediating employment disputes. The first call from an upset … Continue reading

Posted in Business, Collaborative Law, Employment Disputes, Employment Law, Mediation, Workplace Disputes | Comments Off

Your Super Powerful all convincing Mediation Statement

So you want persuade the other side or the mediator?  Well use more adjectives and you will be amazing in your power of persuasion according to new research. Purdue researchers contrasted the use of adjectives by successful and less successful authors, both in classics and modern books.  They found that in both cases, the author […] Continue reading

Posted in adjective, communication, evocative, expressive, language, Mediation, negotiation, persuasion, Pyschological Research and negotiations, research | Comments Off

If You Are Too Touchy, I Might Get An Angry Feely

Touch is a powerful force in any social interaction.  There is much research to demonstrate the beneficial effect of touch.  For example, several studies have found that touch can help bond, increase tips, and develop a connection between others.  However, recent research has demonstrated that in a competitive situation, touch can be considered negative and […] Continue reading

Posted in back, backfire, benefit, camps, dominance, jeroen, Mediation, negotation, pat, patting, Pyschological Research and negotiations, research, shoulder, touch, touching | Comments Off

Lies Can Easily Be The Truth

Many people are shocked and amazed when they find out that the juries are susceptible to lies of unscrupulous experts or witnesses.  They often state with incredulity that the truth should come out in trial.  Unfortunately, however, the truth doesn’t always come out.  Recently, a study from Australia helped to give a better understanding why […] Continue reading

Posted in belief, beliefs, expert, jury, lies, Mediation, negotiation, parties, party, persuasion, preconcieved, Pyschological Research and negotiations, research, Stephan Lewandowsky, truth, witness | Comments Off

One Bad Act Can Cost You Way More In the Long Run

So you have had one bad interaction with opposing counsel or the opposing party.  You would like to make it right.  So one good interaction should make it all better, right?  Wrong.  The reality is that one good interaction does not make up for one bad.  I know this to be true from every time […] Continue reading

Posted in bad, frederickson, good, interaction, liking, make up, Mediation, negotiation, offset, Pyschological Research and negotiations | Comments Off

I know Nostradamus, and You My Friend Are No Nostradamus

In every mediation, there is always some party that predicts the future. Phrases such as “There is no way that we can lose this case,” “most likely we will win,” or “the judge will never rule that way,” are frequently mentioned. The reality, however, is that people are generally very bad at telling the future […] Continue reading

Posted in bias, future, lawyers, Mediation, optimistic, outcome, predicting, prediction, Pyschological Research and negotiations, trial, wishful thinking | Comments Off