Archive for the settlement negotiations Category


Victimology 101: Helping the Victim in Conflict Resolution

Distinguishing Between Sympathy and Empathy “The mill cannot grind with the water that’s past”. (George Herbert, d. 1633) It is a fact that in many conflict resolution settings, such as mediations or settlement conferences, you will experience someone cloaked in the mantle of what I refer to as “victimology“. Regardless of the nature of his […]

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Clear Communication: Avoiding a Serbian Bog in Negotiation

William Shakespeare Had the Right of It “…And then is heard no more; it is a tale Told by an idiot, full of sound and fury, Signifying nothing”. [Macbeth V,v,17]. Be honest: does this or does this not describe an experience you’ve had with someone with whom you were trying to communicate? Perhaps it was […]

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Who Are You, Anyway? – Disingenuous People in Negotiations

All is Not as it May Seem This posting is about the false fronts, hidden agendas and/or secret motivations that others may possess and try to use — to your detriment — in negotiations or conflict settings. Contrary to what our parents told us about being honest, upfront and truthful, many persons’ parents skipped that […]

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Avoiding Hobson’s choice in Mediation: Five Proven Strategies

The decision to mediate was an easy choice. It was faster, more expedient and less expensive then going to trial, and the upcoming mediation seemed to portend a positive result. Our hypothetical 5-year litigator has spent hours reviewing the case, both alone and with his client. He seems to have the “right” amount of client […]

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