Monthly Archives: January 2011

31 01, 2011

Wonder Schmooze Power — Activate

By |2011-01-31T06:20:40-07:00January 31st, 2011|Pyschological Research and negotiations|Comments Off on Wonder Schmooze Power — Activate

Most mediators I know prefer when the parties attend the mediation in person. In fact, I even write that attendance by phone is a poor substitute and should not be recommended. The reason, I believe and know, is that there is substantial power to having someone attend in person. There is a greater connectivety, greater ease of communication, and greater ability to develop rapport. Recently, I found some research that shed light on the power of facetime.

26 01, 2011

Your Memory of Your Good Intentions Aren’t As Good As You Think

By |2019-08-01T22:44:04-07:00January 26th, 2011|mediation, Pyschological Research and negotiations|Comments Off on Your Memory of Your Good Intentions Aren’t As Good As You Think

During most legal proceedings, including mediation, the issue of a person’s intent is often at issue. The party will claim now at mediation that he or she did or did not intend to do something based on a specific action. Take for example, a case of wrongful termination. The entire case is about whether the employer intended to discriminate in terminating an employee. There has been much research as to the memory of a an eyewitness as to an event, but up until now there has been no research as to a person’s recollection of his or her intention in the past.

24 01, 2011

Fairly Legal

By |2011-01-24T09:26:01-07:00January 24th, 2011|mediation|Comments Off on Fairly Legal

By Steven G. Mehta For those of you that don't know, mediators now have their own legal drama.  The profession [...]

18 01, 2011

Fairly Legal Hits the Mark

By |2019-03-14T02:09:49-07:00January 18th, 2011|mediation|Comments Off on Fairly Legal Hits the Mark

By Steven G. Mehta Finally, a t.v. drama about mediators.  Up until now, most mediators have had to resign themselves [...]

17 01, 2011

Objectively Speaking, Neutrality is Difficult

By |2011-01-17T07:18:09-07:00January 17th, 2011|mediation, Pyschological Research and negotiations|Comments Off on Objectively Speaking, Neutrality is Difficult

Many times a month, I will be in a mediation and an attorney will tell me that “it must be so much less stressful to be a mediator than be in the practice of law.” Often, I respond by saying that being a neutral can be harder than being an advocate. Well recent research has affirmed this belief. This research shows that a neutral disposition can have a substantial toll on the body.

12 01, 2011

Francis Ford Coppola on Mediation and Negotiation

By |2011-01-12T21:30:41-07:00January 12th, 2011|mediation|Comments Off on Francis Ford Coppola on Mediation and Negotiation

I recently saw an interview with Francis Ford Coppola that talked about collaboration, his career, choices, and other topics. I thought the interview was fascinating and had some appeal to mediation. Here are some excerpts. The interview is in italics.