There is considerable debate amongst the mediation community as to whether a mediator can draft documents for the parties. Some mediators say that doing so leads to them practicing law, whereas others say that they aren't practicing law by merely being a scrivener. The Wisconsin Bar recently published an ethics opinion on this very issue. I thought that it might be interesting to review. It provides a nice summary of many of the States' opinions on this issue.
Many weeks during mediation, it appears that not a day will go by without having some overt demonstration of anger being shown by one of the participants during the mediation. The question, however, is whether the anger has an effect on the negotiations. Anecdotally, it cannot not have an effect. The only issue is whether it can help to increase or decrease your negotiating position.
It always fascinates me how the small things can make subtle differences in the way we make decisions. I always think about these issues and how negotiators will make decisions. One metaphor I recently thought about was the one of washing hands -- I am washing my hands of it -- That metaphor suggests that once you have washed your hands you will no longer worry about the matter. Recently I came upon a study that shows a very interesting connection between washing hands and decision making.
By Steven G. Mehta For those of you interested in nursing home cases, a Sacramento Jury just awarded $28 million [...]
There have been several studies over the years that show that slight physical contact between two people interacting is good for the connectivity of the person. However, I just saw an article that reflects that touching might increase risk taking. Here is an abstract of the article:
Yesterday, I had a conversation with a District Attorney (DA)who was about my age about his shock at a new DA who wanted to lead the entire homocide unit within 3 years, and he expected to get a homocide case straight out of law school. (This was a shock to my friend because you have to at least been with the DA's office at least 6 years before you are assigned a homocide, and have to first do misdeameanors to cut your teeth.) This discussion got me thinking about the Millenial generation -- the Generation after GenX. This generation has started to grow and get into the work force, and I have been increasingly thinking about how to interact with such generation. In communicating with each person, you must take them individually, but you can also learn lessons on how to adapt to that person's style if you wish to have better communications. As negotiators, you have to be able to understand the audience so that you can present better to them.