Category Archives: Mediation

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

The Quitter Takes All

This year, I am celebrating my ten year anniversary as a full time mediator. I have been doing it for approximately 14 years, but it was ten years ago that I chose to eliminate all other career paths and choose this one. Sometimes, I wonder what would have happened if I had stuck with my [...] Continue reading

Posted in failure, Mediation, persistence, practice, quit, recipe, success | Comments Off

Negotiaflirt. A Powerful Tool In A Woman’s Negotiation Purse

A recent study from UC Berkely has discovered that women can use flirtation as a very effective negotiation technique.  This is not true, however for men.  Flirtatiousness, female friendliness, or the more diplomatic description “feminine charm” is an effective way for women to gain negotiating mileage, according to a new study by Haas School Professor Laura [...] Continue reading

Posted in flirt, Mediation, negotiate, negotiation, Pyschological Research and negotiations, success, successful, tactic, woman, women | Comments Off

The National Anthem As a New Way to Open a Mediation

There is a large debate in the mediation world as to whether the parties should attend a joint session early in the mediation. This post, however, will not join that debate, but will instead posit a new beginning. We need to sing the national anthem together to start of the mediation. After all, isn’t that [...] Continue reading

Posted in anthem, cooperation, Mediation, national, Pyschological Research and negotiations, pyschology, songs, sync, synchronize, wiltermuth | Comments Off

United Nations Give Guidance to Mediators

With armed conflicts trending upward and proving increasingly complex, the challenges are also mounting for mediators working to resolve them through negotiations. Guidance now available from the United Nations can help them to succeed, providing practical advice for navigating mediation processes effectively. The UN Guidance for Effective Mediation, presented in September 2012 at a high-level [...] Continue reading

Posted in guidance, Mediation, mediation processes, nations, politics, un, united | Comments Off

Cell Phones Hurt Communication

Cell phones have revolutionized the way that we communicate.  Many people attorneys believe that having a cell phone has made them more efficient and productive.  But is there a cost?  Can cell phones actually hinder communication.  My answer is yes. According to new research from Andrew Przybylski and Netta Weinstein, cell phones can actually harm the interactivity [...] Continue reading

Posted in bond, cell, communication, connectionj, disrupt, disruptive, interrupt, intimacy, Mediation, phone, Pyschological Research and negotiations, research | Comments Off

Logic Dictates the Wrong Answer

Recently I was told by a person trying to convince me that an illogical but emotional appeal will have no effect upon a jury because logic has a way of overcoming emotional decisions.  I wondered if that really could be true since I have always believed that persuasion involves one part logic and two parts emotion.  [...] Continue reading

Posted in appeal, argument, fast, illogic, illogical, kahneman, logic, Mediation, Pyschological Research and negotiations, reason, reasoning, slow, thinking | Comments Off

What if we took losing out of dispute resolution?

I was recently on Good Harbor Beach in Gloucester, MA relaxing and journal writing.  I noticed two women hitting a volleyball back and forth in a small box on the sand.  In the aftermath of gold and silver medals for U.S. women’s beach volleyball a… Continue reading

Posted in Collaborative Law, Collaborative Mediation, Dispute Resolution Resources, Efficient dispute resolution, Mediation, Preserving Relationships | Comments Off

The Mediator and the Hare: Story Telling in Mediation

Story telling is a fundamental part of human interaction.  From early on, humans communicated through stories.  They taught lessons through stories, and they experienced life through stories.  Take a look at all religious books — The Bible, the Bhagvad Gita, etc — and they are all stories with a purpose. Behavioral psychologist Susan M. Weinschenk Ph.D. notes: Research [...] Continue reading

Posted in communication, effective, Mediation, mehta, research, steve, story, storytelling, telling, timing | Comments Off

UQC Dispute Resolution

Here is a simple method of dispute resolution.  Watch the video to learn a method of how to handle a dispute.
UQC Dispute Resolution

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Posted in comment, dispute, Mediation, mehta, question, resolution, skill, steve, technique, understand, uqc | Comments Off