Nice perceptive piece on negotiating fees over at the Consultant Journal blog entitled Negotiating vs. Giving Up. Thanks for the tip Andrea.
The above negotiation tip is sponsored by the acronym ZOPA.
Your mediator should never never never never let the parties believe they've reached impasse until the mediator is as certain as she can be that there is no Zone of Potential Agreement.
How does s/he know? Tune in for tips to knowing the mind of your mediator.
Attorney-mediator Victoria Pynchon is a panelist with ADR Services, Inc. Ms. Pynchon was awarded her LL.M Degree in Dispute Resolution from the Straus Institute in May of 2006, after 25 years of complex commercial litigation practice, with sub-specialties in intellectual property, securities fraud, antitrust, insurance coverage, consumer class actions and all types of business torts and contract disputes. During her two years of full-time neutral practice, she has co-mediated both mandatory and voluntary settlement conferences with Los Angeles Superior Court Judges Alexander Williams, III and Victoria Chaney. As a result of her work with Judge Chaney in the Complex Court at Central Civil West, Ms. Pynchon has gained significant experience mediating construction defect litigation. Ms. Pynchon received her J.D., Order of the Coif, from the U.C. Davis School of Law.