03/09/2008 Lawyers in Negotiation – the Good, the Bad and the Ugly

For a mediator, a day in mediation is an enriching experience. It is a privilege to watch parties move from what at first blush, appeared to be an intractable dispute attended by a high level of conflict, to resolution at the mediation table. Everyday in mediation we witness a shift in parties’ understanding of a dispute and in consequence their approach to it. We get to understand a little more about the complexities of the human psyche, what moves and shakes people, what pushes buttons and what has profound impact. Granted some of this may be less than obvious in a more tradtional negotiation about “the money”, but...