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Mediation and Negotiation Blog


Negotiating Over Email: Challenges and Tactics

August 17, 2017

When we find ourselves negotiating via email - whether that is an employment negotiation or a contract discussion with a subcontractor - we face seven major challenges, identified by Noam Ebner in his article "Negotiating via Email." The following tactics help negotiators mitigate those challenges and find opportunities for success when negotiating over email.

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What is a BATNA, and how do I utilize my BATNA in a Negotiation?

August 2, 2017

If you read MWI's Negotiation & Mediation Blog or want to improve your mediation or negotiation skills, you've probably encountered the term BATNA. Understanding and utilizing your BATNA is a significant source of power in negotiations. But what does this strange acronym stand for, and why does it matter so much?

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Working with a Representative: Principal-Agent Negotiation Strategies

July 20, 2017

As you prepare for negotiations, considering whether to hire an agent to represent your interests is an important decision. While there are many benefits to utilizing an agent's expertise and skill during your negotiation, there are also challenges and costs to weigh as well. We've put together some advice from the book Beyond Winning: Negotiating to Create Value in Deals and Disputes to help you get the most out of your principal-agent relationship in negotiation.

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Magnetic Co-Parenting Calendar for Parents and Professionals

As a divorce mediator in Boston I am always looking for new tools, resources, and books to introduce to my clients. Not too long ago, an online search landed me on the Enlightened Littles website. Here I learned about their "My Two Homes" Co-Parenting Calendar. My first thought was that the Co-Parenting calendar would be useful  for parents to hang in their house so children could easily see and understand the parenting schedule.

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Mediation Techniques for Managing Bias

July 13, 2017

In Getting to Yes: Negotiating Agreement Without Giving In, the first step to improved negotiations is to separate people from the problem. But what if the person is your problem? Managing bias like this can be a daunting task without a clear strategy or direction. Utilizing the following mediation techniques, you can improve your ability to manage bias in your mediations and negotiations.

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Negotiation Skills: Dealing with Difficult Tactics

July 6, 2017

During a difficult negotiation, it can be easy to characterize the other side as mean, stupid, or crazy. The danger of these characterizations is that we lose focus on understanding the perspective and interests of the other party, and rather find ourselves throwing our hands in the air and getting frustrated. Instead of labeling them as difficult, we can focus on the difficult tactics they are utilizing. Examining their behavior at this level allows us to understand their motives and plan an appropriate and effective response.

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What are Interests?

June 23, 2017

Understanding what interests are and how to utilize them in negotiation are essential skills to creating more value in negotiations. However, identifying interests is not always as easy as it sounds. We tend to express what we want in negotiations as positions or demands rather than in terms of our interests. Understanding this difference between the positions and interests is key to improving your negotiation skills.

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What Can You Gain From Mediation Training?

June 21, 2017

We are going to let you in on an industry secret: many people who complete mediation training do not become full-time mediators. Those who pursue a full-time career as a mediator can find fulfillment and success In general, though, people who train as mediators are simply looking to build their skills and incorporate mediation into the work they are already doing. So what can you gain from a mediation training? Recently, we collected reflections from participants in MWI’s 40 Hour Mediation Training to answer that question.

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How To Walk Away From a Deal in a Negotiation

June 16, 2017

In our last post, we discussed the questions you should ask yourself before walking away from a negotiation. Once you determine that you’re ready to end the conversation, it’s time to think about how to walk away from a deal. In this moment, it can feel satisfying to burn bridges and walk away in style. However, you have an opportunity to create value even when you are walking away from a negotiation. As you think about how to walk away from a deal, consider the following.

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When to Walk Away from a Deal in a Negotiation

June 8, 2017

Not every negotiation should end with an agreement. But how do you know when it’s the right time to walk away from a deal? Ask yourself the following questions to determine if you are ready to walk away.

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