Negotiation Strategies & Tactics2019-01-29T17:14:03+00:00

ASK A MEDIATOR

ASK A MEDIATOR

Welcome to the Negotiation Strategies & Tactics Section!

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Recent Conversations

Flip the tables on impasse

Mike, here’s a question for you. Sometimes in mediation we get pretty close, but we can’t cut a deal, primarily because the other side, unlike my side, is so stubborn and unreasonable. Any suggestions for what we can do in this situation, besides giving up and heading to Vegas. — Frustrated In Fullerton —

Incredibly interesting ethics MCLE credit

I know, I know, this sounds like the opening line of a hyperbolic spam email. (Hey, wait a minute, that gives me a good idea. Spam email, here I come. Turn your spam filters off, will you please?) But don’t let the title stop you from reading this…because it’s true: interesting ethics credit packaged in a streaming video presentation that critics say is “absolutely riveting.”* *As critiqued by my mother.

DECEPTION IS STILL KING — Apple, iPad, And The Still Murky World Of Negotiation Ethics

Hi Mike. Did you read where Apple is being sued for fraud in a trademark case over the name “iPad”? The plaintiff, a company called Proview, claims that Apple created a dummy British corporation, used a negotiator with a fake name, and lied about its intended use of the mark, in order to negotiate the purchase of the trademark “iPad” in various countries. Is this unethical negotiating behavior? Or is it fair to hide the identity of the real buyer so the seller doesn’t get too greedy once it finds out the buyer is a gigantic corporation? What’s the scoop? – Honest Negotiator –

Do Mediators Ever Screw Up?

Mike, I know this never happens with you…. Nonetheless, do mediator’s ever have a bad day? And if so, is there anything I, as an attorney for a party, can do to salvage things? After all, we spend a lot of time, not to mention money, preparing for mediations. I hate to see that all go to waste just because the mediator stayed up too late the night before. — Hard Working Litigator —

Welcome to the Negotiation Strategies & Tactics Section!

Please submit your question below.

Your email will not be visible, and will never be sold or shared.

Recent Conversations

Flip the tables on impasse

Mike, here’s a question for you. Sometimes in mediation we get pretty close, but we can’t cut a deal, primarily because the other side, unlike my side, is so stubborn and unreasonable. Any suggestions for what we can do in this situation, besides giving up and heading to Vegas. — Frustrated In Fullerton —

Incredibly interesting ethics MCLE credit

I know, I know, this sounds like the opening line of a hyperbolic spam email. (Hey, wait a minute, that gives me a good idea. Spam email, here I come. Turn your spam filters off, will you please?) But don’t let the title stop you from reading this…because it’s true: interesting ethics credit packaged in a streaming video presentation that critics say is “absolutely riveting.”* *As critiqued by my mother.

DECEPTION IS STILL KING — Apple, iPad, And The Still Murky World Of Negotiation Ethics

Hi Mike. Did you read where Apple is being sued for fraud in a trademark case over the name “iPad”? The plaintiff, a company called Proview, claims that Apple created a dummy British corporation, used a negotiator with a fake name, and lied about its intended use of the mark, in order to negotiate the purchase of the trademark “iPad” in various countries. Is this unethical negotiating behavior? Or is it fair to hide the identity of the real buyer so the seller doesn’t get too greedy once it finds out the buyer is a gigantic corporation? What’s the scoop? – Honest Negotiator –

Do Mediators Ever Screw Up?

Mike, I know this never happens with you…. Nonetheless, do mediator’s ever have a bad day? And if so, is there anything I, as an attorney for a party, can do to salvage things? After all, we spend a lot of time, not to mention money, preparing for mediations. I hate to see that all go to waste just because the mediator stayed up too late the night before. — Hard Working Litigator —