Resolution Strategies | A Monthly E-Newsletter
WORST THINGS FIRST
In their 1981 bestseller “Getting to Yes,” Roger Fisher and William Ury introduced a new acronym into the negotiating strategy lexicon: BATNA — "Best Alternative To a Negotiated Agreement." Simply put, Fisher and Ury noted that those who engage in any form of negotiation will improve their bargainin [...]
THERE’S NO CRYING IN BASEBALL
Two weeks after Freddie Freeman — doing his best Kirk Gibson impression — hit the first walk-off grand slam in World Series history in Game 1 and barely one week after the Dodgers staged an improbable 5-run comeback in the 5th inning of Game 5 and went on clinch another championship, breaking a 99-y [...]
CLIMATE CHANGE
Given the approaching election, the attempted assassination of Donald Trump earlier this summer and the increasingly ugly and dangerous political rhetoric, I've decided to republish excerpts from the February 2011 edition of Resolution Strategies, which I wrote less than one month after the attempte [...]
ASAP
One of the litigator’s most powerful tools — especially given increased court congestion due to budgetary constraints — is the judicious and timely use of a Statutory Offer to Compromise, pursuant to CCP Section 998 ("998 Offer"). But when, in the litigation timeline, is the best time to serve a 998 [...]
PROCESS SERVER
Every month, the neutrals at Judicate West gather on Zoom for what we call our "Mediation Forum," where we discuss a variety of topics, brainstorm and share tips and insights with one another. Several months ago, toward the end of the hour-long session, the following question was posed (which I para [...]