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Mediation

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Read more about the article The Mediator’s Role In Positional Bargaining – Part 1

The Mediator’s Role In Positional Bargaining – Part 1

In spite of an acknowledged preference for interest-based "principled" negotiation, I acknowledged in my previous post that every civil mediation eventually becomes a positional battle. This is largely because virtually…

Continue ReadingThe Mediator’s Role In Positional Bargaining – Part 1
Read more about the article Are You Competitive or Cooperative?

Are You Competitive or Cooperative?

As a 49ers fan I have been intrigued by stories about the former head coach, Jim Harbaugh. His brother, Ravens coach John Harbaugh, tells the story of how as a…

Continue ReadingAre You Competitive or Cooperative?
Read more about the article Is Positional Bargaining Unavoidable?

Is Positional Bargaining Unavoidable?

One of the primary tenets of Roger Fisher and William Ury's book "Getting to Yes" is that negotiations should focus on interests not positions, i.e., avoid positional bargaining. Positional bargaining…

Continue ReadingIs Positional Bargaining Unavoidable?
Read more about the article Amazing Face Reading

Amazing Face Reading

At a recent meeting of a trade group, the lunch time speaker was Mac Fulfer, a lawyer and professional face reader. So what is a face reader and why am…

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Read more about the article Getting to Yes: Focus on Interests Not Positions

Getting to Yes: Focus on Interests Not Positions

By far the most often quoted tenet of "the Method" is to avoid positional bargaining and instead focus on the underlying interests of the opposite sides. Fisher & Ury illustrate…

Continue ReadingGetting to Yes: Focus on Interests Not Positions
Read more about the article Getting to Yes: Separate the People from the Problem

Getting to Yes: Separate the People from the Problem

The first tenet of what Fisher & Ury call "The Method" is to separate the people from the problem. Although I think I understood their point when I first read…

Continue ReadingGetting to Yes: Separate the People from the Problem
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