Document Type
Article
Publication Date
10-4-2020
Abstract
This post reports on an excellent study about the challenges of lawyers, mediators, and insurance claims professionals in mediation. His findings are consistent with my observations about the emotional pains of positional negotiation. Many of the cases in his study involve insurance, which are supposedly “money-only cases” because the parties generally haven’t had a prior relationship and have no interest in a future relationship. But Jeff found that emotions and relationships actually can be very important in these cases – the professionals’ emotions and relationships with each other.
Recommended Citation
John M. Lande,
Jeff Trueman’s Study on Nightmares of “Positional” Tactics in Mediation
(2020).
Available at: https://scholarship.law.missouri.edu/fac_blogs/27