In several of our past blog posts, we’ve referenced various psychological principles applicable in mediations. An awareness of psychological principles can help mediators understand why parties have taken certain positions or why they are behaving in a certain way, as well as anticipate how parties may respond to a mediator’s..
Participants in mediations will be familiar with bracketing — a technique widely used by mediators to bridge seemingly insurmountable gaps between what one side is offering and the other side is demanding. Why bracketing works offers a fascinating glimpse into the psychology of negotiation and mediation. Let’s assume a plaintiff..
The ancient Jewish legal text known as the Talmud (Tractate Baba Metzia 32b) records the following rule: if Mr. A simultaneously encounters a friend who requires assistance unloading a burden from his animal, and an adversary who needs help loading a burden on to his animal, A is obligated to..