The Power of Finding and Using a BATNA & WATNA (Part 2 of 3)

BATNA & WATNA

…Continued from Part 1: Back to discovering and using what the negotiation world calls a BATNA and WATNA, this article will continue to move through an analysis to help the parties discover the alternatives that will drive how they negotiate and settle a dispute.  The previous article discussed the importance of moving through a BATNA/WATNA …

Read moreThe Power of Finding and Using a BATNA & WATNA (Part 2 of 3)

Creative Mediation Options

Moral Conflict

One of the things I enjoy most about my job as a mediator is the flexibility inherent in the mediation process I utilize. Typically, I’m assuming, you see mediation as a process where you can confidently come together with other parties involved in litigation, call a timeout, and determine if the parties can reach an agreement to resolve the case. This is how I’m asked to lead mediations about 95% of the time. However, there are other circumstances in which I’ve been hired as a mediator, some of which may surprise you.

How Do We Tell The Kids About Divorce?

How Do We Tell The Kids About Divorce?

Two of the most frequent questions asked by parents who decide to divorce is, “What should we tell the children?” and “How should we tell them?” Most parents feel anxious before  telling their children about the pending divorce.  The task can generate feelings of guilt, sadness, anger and shame. Parents want to protect their children from the pain of divorce, and especially from seeing themselves as the reason their parents divorced.

Identifying a Power Imbalance (Part 2 of 2)

Identifying a Power Imbalance

In the first of this pair of articles, we discussed the definition of a power imbalance, identified the types of power that may be utilized against another party, and the early signs of a power imbalance. Once a neutral identifies that one of the parties has more power than the other and is using their power to make the negotiations end in their favor, it is important for the neutral to act quickly to attempt to bring the power in the negotiations into balance between the parties.

De-escalating Encounters with Confrontational People

De-escalating Encounters with Confrontational People

If you are a conflict resolution professional, you are very likely to meet with angry, confrontational, and aggressive people on an almost daily basis. You may even be called in specifically to deal with them, if you are an HR professional or an ombuds. It’s almost inevitable. People in conflict are almost always emotional. Even business disputes aren’t “just business.” Our emotions affect every decision we make.

Identifying a Power Imbalance (Part 1 of 2)

Identifying a Power Imbalance

One of the most noticeable issues that could arise in a negotiation or mediation is an imbalance of power. Often one of the hardest issues to overcome if the neutral or the parties are not prepared, and still difficult when the neutral is prepared, an imbalance can easily throw an otherwise successful dispute resolution process.

ABA Conference Sessions You Might Enjoy

I love the ABA Section of Dispute Resolution annual conferences. They always put on a wide array of wonderful sessions and it’s a great time to connect with friends, old and new. As in the past, I am listing some sessions that particularly intrigue me. 

When Is A Case Ripe For Mediation?

I would say all of those cases were ripe for mediation at the time I was asked to mediate them. How can that be? Simple. In each case, the attorneys/parties had the right information, and a strong enough desire to settle, in order to make good decisions. Could those cases, which were further into the judicial process, have been resolved sooner? Possibly. But in retrospect, I don’t think they were ready until we mediated them.

Lawyers’ Ethical Responsibility In Negotiating Confidential Settlements On Behalf Of Serial Lawbreakers

Confidential settlements have stirred controversy when they have been used to hide serious public health and safety violations, though people generally think that confidential settlements are appropriate.  Indeed, people often tout confidentiality as one of the benefits of ADR.

Louis C.K.’S Apology

Since the recent publications about Harvey Weinstein’s alleged serial sexual misconduct, there has been a wave of stories about others who have allegedly committed sexual misconduct.  The comedian Louis C.K. is one of the men who has been accused.  He publicly acknowledged that the accusations were true and apologized.

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