July 23, 2019

Five Key Psychological Principles at Play in Mediations

Josh Fruchter
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..
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July 10, 2019

Bracketing in Mediation: When to Use It and Why It Works

Josh Fruchter
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..
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June 19, 2019

From the Talmud: Leveraging Reciprocation Bias in Mediation

Josh Fruchter
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..
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