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Category: Settlement Negotiations

Avoiding Hobson’s Choice in Mediation – Five Proven Strategies

June 22, 2020

Although similar to the “take it or leave it” ultimatum, it is more understated and less discernible to the uninitiated. Regrettably, it has become a familiar negotiation tactic by some attorneys in mediations. The purpose of this article is to both expose this ploy and discuss certain strategies and techniques that can be used to either prevent it altogether or minimize its consequences.

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Clear Communication – Avoiding a Serbian Bog in Negotiation

May 25, 2020

Serbian Bog is a term that describes what occurs when one or more persons does not understand what another has said but continues on with the conversation as if they did. Just remember: it’s easy to get in and very difficult to get out.

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Victimology 101 – Helping the Victim in Conflict Resolution

May 18, 2020

It is a fact that in many conflict resolution settings, such as mediations or settlement conferences, you may run into some people who are stuck in a sort of victim mentality. On the one hand, you don’t want to appear unsympathetic and cold-hearted. On the other, it’s important that you be able to navigate your path somehow through the conflict to ultimate resolution.

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clear and concise communication from the start can help prevent misunderstandings during negotiations.

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