In negotiation and mediation as in poker, people do not always tell the truth. In my experience, bald lies are rare in negotiations and different factual accounts are usually the result of failed memories, poor observations or honest differences of opinion – unlike poker. In … Continue reading
Playing poker is not the same as being in a negotiation. However, there can be similarities. I thought I might explore a few of those similarities over the next few blogs. One similarity between poker and, for example, a mediation … Continue reading
It’s rude to text and look at your phone in the middle of a negotiation, right? Apparently this aspect of negotiation etiquette is being eroded as people recognize that the benefits of carrying on parallel conversations may outweigh the costs of perceived … Continue reading
The power of apology. It is rare in a dispute for some persons’ feelings not to have been hurt. For example, in construction disputes there is often unfinished or poorly finished work that has raised the emotional temperature. In employment … Continue reading
How structure determines dynamics in mediation We all know that at the end of a tough mediation we frequently need a good glass of wine. However, I want to argue today that similarities in the production of fine wines and … Continue reading
How some negotiations are like Dickens’ Jarndyce dispute. Dickens’ Bleak House is a great book combining detective fiction, romance, melodrama and satire. One of the key themes is a critique of the law and its practitioners in Dickens’ time. Towards … Continue reading
From nuclear war and chickens to mediation and negotiation A few years ago Thomas Schelling was awarded the Nobel Prize in economics. He is the most recent of a number of game theorists to be given this honour. In the … Continue reading
Dispute economics and mediation market structures What will the growing acceptance of mediation as a dispute resolution mechanism do to the number and nature of commercial disputes? I want to argue here that not only will the number of commercial … Continue reading
Reciprocity in mediation Reciprocity is hard wired into our psyches. It is only with great effort, or a mistake in the wiring, that we can overcome it. The reciprocity rule says that we should try to repay, in kind, what … Continue reading
Performance indicators and perverse incentives Settlement rates are a key performance indicator in the world of mediation. The higher your rates of settlement, the better a mediator you are. Or are you? Is it possible that mediators are bullying parties … Continue reading
