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Civil Negotiation and Mediation

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"Putting the 'civil' back into civil litigation and reflecting on how civility is a hallmark of mediation and should be an aspiration of litigation. Tips and strategies on negotiation and mediation from social science, psychology and neuroscience."

Author: Nancy E. Hudgins has a mediation practice in San Francisco.

Blawg Related Categories: Alternative Dispute ResolutionStatesCaliforniaSolo / Small Firm


Recent Posts from Civil Negotiation and Mediation

  • What We Can Learn From Law Students

    The American Bar Association, Law Student Division, hosts a variety of negotiation tournaments for law students. I spent a Saturday afternoon recently as a judge of an early round of the in-school competition at UC-Hastings…

  • Summer Reads: Negotiation and Mediation

    I couldn't let summer pass by completely without making a list of books to read. If you’re headed for vacation, here are some ideas for books to take along.Rene-Marc Mangin, Minds in Motion. Rene-Marc, a…

  • How to Start a Successful Negotiation

    Social psychologists point to mounds of research to prove that likeability is a major component of persuasion (e.g., Cialdini, The Psychology of Influence). Management professors invoke research to show that civility is important to closing…

  • Creating a Negotiation Plan

    Most of us prepare for mediations on auto-pilot. If we’ve evaluated the case, gotten settlement authority from our clients and written the mediation brief, we kid ourselves into thinking we’re good to go.This tried and…

  • Hats Off to Michael Mortimer!

    Speaking of civility, trial lawyer Michael Mortimer has an article in January’s Plaintiff magazine, “The courtroom: no place for personal attacks.” It’s worth a read.Essentially Mortimer points out that when reading briefs, judges “get” who…

  • A Secret About Mediators

    I hope not to get drummed out of the mediation profession for revealing this.Mediators strive to be neutral, or as Ken Cloke so eloquently puts it, “omni-partial.”But mediators are human, too.If you come to mediations…

  • Mediation: Why Bullying is a Wasted Opportunity

    Further to my post below….As a mediator, I see w-a-a-a-y too many lawyers play the bully card in joint session. I think it works against their clients’ interests. Here’s what I’ve observed:· Most bullied lawyers…

  • Why Bullying Doesn't Work in Mediation

    Ever been bullied? How did you react?I’ve always reacted to bullying by digging in my heels. I don’t think I’m alone in this. Does this strategy sound like it will settle a case? I wonder,…

  • Dear Reader:

    I know this blog has been looking like this computer screen: blank. 2009 has been a challenging year. I wore my trial lawyer hat the entire month of January and I’ve been playing catch up…

  • Negotiation When Times are Tough

    I wrote a previous post on practicing negotiation in everyday life, here. Like any other skill, your negotiation skills will improve the more you use them. Now, with the economic downturn, there are even greater…


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