On Behalf of Meynardie & Nanney, PLLC | Mar 25, 2019 | Blog, Bob Meynardie, Mediation, Negotiation
by Bob Meynardie July 12, 2013 Bob Meynardie, Mediation & Arbitration It is the rare successful mediation that does not lead one party or both to wonder whether they could have gotten more or given up less. What makes mediated settlement conferences so...
On Behalf of Meynardie & Nanney, PLLC | Mar 25, 2019 | Blog, Bob Meynardie, Mediation, Mediation Experiences, Negotiation
by Bob Meynardie September 12, 2013 Bob Meynardie, Mediation & Arbitration At one mediation I heard counsel accuse the plaintiffs of lying and engaging in “litigation lottery,” hoping for a big payoff. This mediation was over before it began. At another...
On Behalf of Meynardie & Nanney, PLLC | Mar 25, 2019 | Blog, Bob Meynardie, Mediation, Mediation Theory, Negotiation
by Bob Meynardie September 22, 2013 Bob Meynardie, Mediation & Arbitration I have recently been reading a number of relatively new books with claims of a revolutionary new way to approach negotiation. Without exception and without naming names, each new...
On Behalf of Meynardie & Nanney, PLLC | Mar 25, 2019 | Blog, Bob Meynardie, Mediation, Mediation Theory, Negotiation
by Bob Meynardie October 22, 2013 Bob Meynardie, Mediation & Arbitration, Outsourced General Counsel 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...
On Behalf of Meynardie & Nanney, PLLC | Mar 25, 2019 | Blog, Bob Meynardie, Mediation, Mediation Theory
by Bob Meynardie December 12, 2013 Bob Meynardie, Mediation & Arbitration 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 their...
On Behalf of Meynardie & Nanney, PLLC | Mar 25, 2019 | Arbitration, Arbitration Rules, Blog, Bob Meynardie, Business Law
by Bob Meynardie August 4, 2014 Bob Meynardie, Mediation & Arbitration The American Arbitration Association recently announced new streamlined rules for arbitration specifically designed for the construction industry. AAA believes that the new procedures...
On Behalf of Meynardie & Nanney, PLLC | Mar 25, 2019 | Blog, Bob Meynardie, Negotiation
by Bob Meynardie April 23, 2015 Bob Meynardie, Mediation & Arbitration 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 Little League baseball player Jim...
On Behalf of Meynardie & Nanney, PLLC | Mar 25, 2019 | Blog, Bob Meynardie, Mediation, Mediation Theory, Negotiation
by Bob Meynardie July 30, 2015 Bob Meynardie, Mediation & Arbitration 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...
On Behalf of Meynardie & Nanney, PLLC | Mar 25, 2019 | Blog, Bob Meynardie, Mediation, Mediation Theory
by Bob Meynardie September 2, 2015 Bob Meynardie, Mediation & Arbitration 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...
On Behalf of Meynardie & Nanney, PLLC | Mar 25, 2019 | Blog, Bob Meynardie, Negotiation
by Bob Meynardie February 5, 2016 Bob Meynardie, Mediation & Arbitration Benjamin Franklin is credited with saying that “Necessity never made a good bargain!” In his wonderful book, Practical Negotiating, Tom Gosselin contends that “In negotiating, power is a...
