MED/ARB: A HYBRID

If you are considering mediating a property or commercial dispute and are concerned about not reaching a resolution, here are some tips. Mediation can be combined with arbitration. When it is, its is called ‘Med/Arb’. It’s a hybrid. The first step is to sign a mediation agreement and name a mediator. However, your agreement will […]

KICK STARTING MEDIATION

If you are in the midst of a contract dispute that threatens an established business relationship, here is what you need to consider. Assuming that you are uncomfortable advocating for yourself, ask the other party whether it will agree to mediation. If the other party feels the same way, it may well agree wishing to […]

A SHORT HISTORY OF MEDIATION

If you’re curious about the origins of ‘mediation’ here are a few facts that might interest you. One of the earliest historical examples of mediation dates back to the 10th century BC and the reign of the biblical King David. At that time, twelve Israelite tribes co-existed that were rivals. None of these tribes was […]

PREPARING FOR NEGOTIATION

If you are about to negotiate a transaction, and are eager to meet with the other party, here are some tips that you should consider. Never just launch into any negotiation because you feel pressured to make a deal. Preparation is always critical to success. Ask yourself what you really know about the other party […]

ESSENTIALS OF NEGOTIATION

If you are about to begin business or property negotiations, haven’t had previous experience and are are concerned about moving forward, here are some essentials you should consider. Negotiation viewed simply is a discussion of ‘needs’. Sometimes these needs are called ‘interests’. Needs or interests are part of life. However, we often don’t take the […]

NEGOTIATING WITH BULLIES PART II

If you are inclined to give the bully a chance to redeem himself, and are in a negotiation room with your team and his, you might suggest taking a ‘time out’. A time out can include a bio break that allows both sides a chance for refreshments which may have a calming effect. More importantly, […]

NEGOTIATING WITH BULLIES PART I

If you’re involved in a negotiation and discover that the other party is out of control, here are some responses for you to consider. People who carry on as if they are out of control are bullies. Usually something in their early upbringing and education has conditioned them to substitute temper tantrums for reasonable discussion. […]

MEDIATION AND THE COST OF STRESS

If you are about to participate in mediation, here are some basics you need to consider. Every mediation involves practical issues that involve, money, other kinds of property and business and relationships. However, one of the hidden issues that may be more or less significant depending upon the dispute involves psychology, in particular stress or […]

HOW TO NEGOTIATE A ‘WIN-WIN’

If you are in the process of negotiating a property or business transaction, here are some guidelines that should help you determine whether you are striking a good deal. To begin with, you need to list all of your financial and psychological interests. At the end your interests are what is most important to you […]