Civil Negotiation and Mediation
"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 Resolution • States • California • Solo / Small Firm
Recent Posts from Civil Negotiation and Mediation
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"Winning" at Mediation: A Blueprint for Preparation
I’ve been honored by Tammy Lenski with an interview that she posted today on her blog, Mediator Tech. Tammy is a leader in blogging, marketing and technology, so I was especially appreciative that she…
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Persuasion Through Appreciation
Face it. We all like to be appreciated. Even lawyers. Even opposing counsel.From Fisher and Shapiro, Beyond Reason:“If you and the other side appreciate one another, you are more likely to reach a wise agreement…
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Yes! 50 Scientifically Proven Ways to Be Persuasive
Professor Cialdini’s done it again! In this eminently readable book, he and his co-authors (Noah Goldstein at the University of Chicago and Steve Martin of Influence at Work in London) have put together 50 persuasion…
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Negotiation: The Disconnect
I’m seeing a disconnect between what’s being taught to current law students about mediation and what the best negotiation professors are advocating versus what’s actually taking place in front of me in many mediations.Current teaching.…
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Persuasion through Zen
Earlier this year, Tammy Lenski initiated a new blog: Conflict Zen. Tammy is a veteran of the blogosphere and has had a large and faithful following at Mediator Tech (out of which grew her new…
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Persuasion Through Storytelling
Check out the little boy's face. Remember when you were a little kid listening to stories? They can be mesmerizing. Even for adults, as there is a child in each of us. Somewhere.Lawyers who…
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Negotiation: Persuasion Through Affiliation
Fisher and Shapiro in Beyond Reason advise negotiators to turn an adversary into a colleague. One way to do this is to seek out ties that bind, which they call affiliation. Affiliation occurs when we…
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Happy Fourth of July!
Hope everyone has a safe and happy Fourth!We started celebrating early with cheeseburgers and margaritas at the Stranded Naked party on Fiddle Cay yesterday. On a related topic, if you missed my Memorial Day post…
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Persuasion Through R-E-S-P-E-C-T
A tip from Aretha Franklin. . . .I often marvel at the difference in outcome in mediations where respect is shown. Settlements are much more common in these circumstances.On the other hand, I despair at…
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Persuade Through Showing, Not Telling
A case study from my trial files.Plaintiff was diagnosed with Type II juvenile diabetes in his teens. Despite countless admonitions from physicians, dieticians and nurses, he was non-compliant with his diet.In his twenties, he…