The source of this report is the book, Early Neutral Evaluation, Wayne D. Brazil (Chicago, ABA Publishing, 2012). Early Neutral Evaluation, ENE, is a customized ADR process to encourage early settlement and to avoid unfocused and unneeded discovery, unproductive motions, and thus wasted time, expense and frustration. While there are variations of ENE across the country, the book is based on the … [Read more...]
Welcome to the Gregory Negotiation Report
"The purpose of the Gregory Negotiation Report is to help attorneys become better attorneys and more effective negotiators."
Attorney & Mediator
Know your client and select your mediator accordingly. If your client is female, feels controlled by men and both attorneys are men, a female mediator should be considered. If a male party is former military, a hunter, a "man's man", select a male mediator with whom the male party can relate. Study a potential mediator's vita and background and select appropriately. If the parties are business … [Read more...]
Preparation - What are your client's goals and the reasons/interests behind those goals? What are your opponent's goals and interests? Where are you going and why? Where is your opponent try to go and why? A quote from Yogi Berra illustrates the point, "You got to be careful if you don't know where you're going, because you might not get there." The U. S. Navy Seals Motto is on target, "The … [Read more...]
As I write this issue of the Gregory Negotiation Report, I am full of gratitude for a 22 year old male from the USA who donated his bone marrow to me for my bone marrow transplant. I am recovering nicely thanks to wonderful medical care and the love, prayers and support of family and friends. No negotiation advice this month, but some random quotes that I enjoy and find helpful. "Nothing is … [Read more...]
David A. Lax and James K. Sebenius explore three psychological traps that often get in the way of effective negotiations because when parties view the process through a distorted psychological lens, they will have a hard time getting the interests right. "Three of the most dangerous traps are: the mythical 'fixed pie', self-serving role biases, and partisan perceptions." 3-D Negotiation … [Read more...]