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INSIGHTS
Perspectives on Complex Disputes.
Thought leadership and practical guidance on mediation, negotiation strategy, and the dynamics that shape difficult disputes.
The “Split the Difference” Trap - and What to Do Instead
In the final stages of negotiation, especially in a mediation, parties often find themselves tempted to resolve impasses by simply “splitting the difference.” On its surface, this seems like an efficient way to close the gap and get the deal done. But in many cases, it’s a shortcut that conceals unresolved issues, ignores underlying interests, and leaves substantial value on the table. For attorneys representing clients in litigation or transactional disputes, recognizing the limitations of this approach – and knowing what to do instead – can mean the difference between an acceptable outcome and a truly advantageous one.
AI at the Table: Negotiation Dynamics in the Age of Agents
Artificial intelligence is no longer confined to document review, legal research, or predictive analytics. Increasingly, AI is being deployed in negotiation settings; sometimes as a tool, sometimes as a participant. From algorithmic pricing engines in commercial contracts (with new laws to ‘solve’ the ‘problem’) to AI-powered procurement platforms and autonomous agents trained to conduct structured bargaining, we are entering a phase where the opposing “negotiator” may not be human at all.
Mediating Failed Technology Implementations: When Both Sides Think They Were Misled
Failed technology implementations make for difficult lawsuits. But they also make for excellent mediations.
In one recent mediation I handled, the dispute had all the familiar ingredients. A business had hired a technology vendor to implement a system intended to streamline operations and replace a patchwork of older processes. The customer believed it had been promised a working solution by a specific deadline. The vendor believed the customer had changed requirements, delayed approvals, and expected work outside the agreed scope without paying for it.
Early Lessons on Third-party Subpoenas for California Practitioners
AS FEATURED IN THE LOS ANGELES DAILY JOURNAL
Now that SB 940 has been in effect for over four months, California’s arbitration community is beginning to see how the new rules play out. Though no appellate decisions have interpreted the law yet, a few early experiences of arbitrators offer a glimpse into the emerging legal and procedural challenges, particularly around the scope and enforceability of third-party subpoenas in arbitration proceedings.
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