How Do You Negotiate <br>With Someone Who Always Says No?
Resolving a matter is always worth at least a try. There are a number of reasons why a case didn’t settle and not trying to negotiate is reason number one. […]
Tips for Negotiating Over the Phone
Attorneys negotiate over the telephone all the time and there are some things that you and your client should consider if the parties are trying to work out an agreement. […]
How to Handle the Negotiator Bully
We all have our own negotiating styles. Some of us try to bully the other party into agreeing to favorable terms. If you’ve encountered the bully it’s because that suits […]
How to Use Repetition as Part <br>of a Successful Mediation Strategy
We’re not all quick studies. During a mediation session you may need to give the same message several times, in different ways, for a party to accept what you’re saying. […]
The Dangers of Texting While Negotiating
Though not as potentially lethal as texting while driving, the use of texts by attorneys to communicate with the other party, if not done with care, may result in the […]
Why is This Difficult Client So Difficult?
All attorneys have difficult clients at some point in their careers. What’s the best way to deal with them so, despite themselves, they can get the best outcome possible and you can […]
Early Employment Mediation: <br>Timing Matters
Why do some early employment mediations not end in resolutions? After all the parties have good intentions to come to mediation, they want to settle, but at the end the […]
If it’s a Rounded Number, <br>The Price May Be Right in Negotiations
Many factors come into making an offer to settle. One of them may be the basis upon which the other party will decide whether or not to accept it. Recent […]
Mirroring Speech <br>Patterns Can Help You Succeed
Have you ever noticed that some people share similar speech patterns with one another? This is not a coincidence. It is a way that people subconsciously communicate that they have […]
What Color You Wear <br>Sends a Message in Negotiations
Just about everything you do, consciously or not, during a negotiation sends a message. Not only the words you use, but the tone and volume of your voice, how you […]
How Laughter Can Improve <br>Your Business Relationships
A big part of practicing law and negotiation is creating and managing relationships. You need to have a good relationship with your client and ideally be able to at least […]
Dealing With a Mourning Party <br>During Negotiations and Mediation
People file lawsuits because they feel they’ve lost something. An employee may feel they’ve been illegally fired and they lost an income, future opportunities and the companionship of co-workers. A […]
Negotiation Tip: Starting Off With a <br>Single Figure May Not Be the Best Approach
Many negotiators prefer to negotiate with an initial offer of a single figure, fearing that offering a range may result in a figure too low or too high for their […]
In the Hands of Fate: How Some Clients <br>Cope With Difficult Decisions
In order for a case to reach the point where a resolution is being negotiated or mediated, it must’ve involved some serious, seemingly intractable issues that split the parties apart. […]
3 Easy Steps to Make A Good First Impression
First impressions can be critical when you’re trying to work with another party in negotiations or mediations (and trying to develop new clients as well). That first impression can be […]
The Power of No!
As a mediator, I should want you to say yes. But sometimes, no is the right answer: when the deal is unfair or when it cannot be done. Sometimes by […]
How Small Talk Can Bring Big Results in Mediation
Successful negotiations require building rapport and exchanging information and proposals between the parties. Though the parties may have conflicting interests, they’re working together to try to come to an agreement. […]
Keeping Calm May Not Always <br>Be the Best Negotiation Strategy
Negotiators are told to keep an even keel when in negotiations, don’t get too excited, down or angry. It should inspire confidence in your client and show the other party […]
Absolute Power Can <br>Absolutely Disrupt Mediations
At a mediation you need to have absolute power from your client with the ability to make decisions. Without access to such a person, a mediation is just a conversation where nothing […]
Numbers Don’t Lie, Unless You Want Them To
When it comes to settling or mediating a lawsuit, though what a party agrees to do or not do can be important, an agreement often boils down to numbers. What […]
Unleashing the Creative Solution In Mediation
There are always times in a mediation where you might feel that you are stumped. There are no more solutions available to you; you might as well pack up your […]
How Buyer Psychology <br>Can Help You and Your Client
How Buyer Psychology Can Help You and Your Client Buyer psychology is the study of why people make the decision to agree to something or to buy something. Understanding this […]
“My Bottom Line is…”<br>And Other Misinterpreted Phrases
Words have meanings. But are they the meaning that you thought they meant. There are countless times in mediation, where, just like in the Larsen cartoons, one party will hear […]
Expression of Anger Is A Bargaining Tool
Expression of Anger Is A Bargaining Tool The visual expression of anger is universal across all societies. The thinned lips, the lowered brow and flared nostrils — That is the […]
Five Words Used By Liars
Spotting a liar in a deposition, negotiation, or mediation is an important skill to learn. There are many ways to help you better detect a liar. Some require significant training […]
Negotiation Tips From The Big Bang Theory
Big Bang Theory is one of the most popular shows on CBS, and is a simple testament to my inner geek. I love the show, the science, and the complicated […]