Monthly Archives: September 2009

30 09, 2009

Stress Affects Logical Decision Making: Study Finds

By |2009-09-30T06:23:21-07:00September 30th, 2009|Pyschological Research and negotiations, Settlement Issues|0 Comments

n mediations, clients are faced with important decisions throughout the day -- what move to make, what response to have, and what to have as the bottom line? Many times, you will see a person who can normally make good decisions but is paralyzed in the mediation. Why? Well recent research demonstrates what we may have already believed: that cognitive stress can substantially affect a logical approach to decision making.

29 09, 2009

Sorry Shouldn’t Be The Hardest Thing to Say: It is Financially Better to Do So

By |2019-08-01T22:01:24-07:00September 29th, 2009|mediation, negotiation, Pyschological Research and negotiations|1 Comment

Many times Sorry is often the hardest word to say. But in reality saying sorry shoud not only be the first thing to say, but can often be the most cost efficient thing to say when you have committed a wrong According to new research by the University of Nottingham, companies that simply say sorry to disgruntled customers fare better than those that offer financial compensation. Not only are the customers more willing to the use the company again, but the cost is clear – nothing.

28 09, 2009

Buyers Remorse in Settlement and Mediations: Seven Ways to Avoid It

By |2019-08-01T22:33:09-07:00September 28th, 2009|mediation, negotiation, Pyschological Research and negotiations, Settlement Issues|1 Comment

Recently, I read a blog post regarding attorneys coercing their clients to settle a case. On Victoria Pynchon’s blog, Settle It Now. This made me think about the issue of buyers remorse that can happen in mediation and how to avoid the issue. This is an important issue there are known cases of clients suing attorneys (or the other side) after having settled the case. For example, Joe Francis of Girls Gone Wild sued to rescind the settlement.

24 09, 2009

Wedding Crashers' Mediation and Negotiation Lessons

By |2009-09-24T06:24:27-07:00September 24th, 2009|mediation, negotiation, Settlement Issues|6 Comments

For many years now, my good friends Gig Kyriacou and Myer Sankary and I have presented a seminar at various conventions regarding mediation techniques identified through the movies. One movie that never ceases to entertain the audience and provide meaningful tips for negotiators is the movie "Wedding Crashers."

21 09, 2009

People's Biases Towards Other's Pain Revealed in New Study

By |2009-09-21T06:46:56-07:00September 21st, 2009|Pyschological Research and negotiations|3 Comments

Many people have wondered about how juries react to the pain of other people that they are judging. Well new research has discovered some interesting conclusions regarding how people empathize with others. A study reported in the July 1 issue of The Journal of Neuroscience reports that an observer feels more empathy for someone in pain when that person is in the same social group.

18 09, 2009

Commercial Viability of Social Media — An Indepth Study

By |2009-09-18T06:23:20-07:00September 18th, 2009|Mediation Technology|Comments Off on Commercial Viability of Social Media — An Indepth Study

This last weekend I attended the State Bar convention in San Diego. I had the pleasure of speaking with one of a person who was apparently criticized in social conversation about spending time on social media as opposed to business. This question is often asked of people not only in the blogging world, but also in the world of social media. Recently, Harvard Business School professor Mikolaj Jan Piskorski has uncovered some interesting answers to the question of how can people can make social media commercially viable.

17 09, 2009

Iphone Date Calculator Helpful For Mediators

By |2009-09-17T05:18:59-07:00September 17th, 2009|Mediation Technology|0 Comments

On several occasions, I have been mediation and have needed to calculated date in the future for scheduling a second session of mediation. Fortunately, there are iPhone applications that allow you to quickly calculate future dates. There are several applicationsthat perform this function with varying degrees of functionality.

15 09, 2009

California Mediator Compensation Resolution Withdrawn

By |2009-09-15T13:22:38-07:00September 15th, 2009|mediation|Comments Off on California Mediator Compensation Resolution Withdrawn

Amidst major opposition from the Los Angeles County Bar Association, a resolution that would have asked the Legislature to mandate that parties who enter mediation in civil cases must compenste the mediator and bear the costs of said mediation was withdrawn at Sunday’s session of the Conference of California Bar Associations also known as the Conference of Delegates.