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 →

Mediator as educator Explaining negotiation dynamics as a route to settlement Frequently in mediations parties ask “what is going on?” or “what are the other side playing at? Mediators can manage expectations and cool tempers in advance by helping parties … Continue reading →

Mediation and cooling off periods People in emotionally “hot” states often make decisions that are costly or even impossible to reverse. In many goods and services markets, such hot and hasty decision-making frailties are remedied by regulatory intervention in the … Continue reading →

Analysing emotion in mediation and negotiation “Feelings are conditions that cause us to change and alter our judgements” Aristotle I like the irony of an article purporting to analyse emotion. However, I also believe that it is precisely the mix … Continue reading →

Testosterone and economics in mediation and negotiation Testosterone and economics both affect the outcomes of mediations and negotiations. As mediators and negotiators, I’m sure you are intrigued by how they do this. To explain how, I need to go through … Continue reading →