Negotiation Law Blog - Legal http://www.negotiationlawblog.com/legal/ Southern California Arbitration Mediation & Conflict Resolution: Settle it Now Dispute Resolution Services: Serving Los Angeles, Beverly Hills, Century City en Copyright 2012 Fri, 23 Mar 2012 00:57:02 -0800 Fri, 23 Mar 2012 00:57:02 -0800 http://www.sixapart.com/movabletype/?v=4.32-en http://blogs.law.harvard.edu/tech/rss The Week at ForbesWoman We've had a busy week over at ForbesWoman in articles and blog posts covering:

The Davos World Economic Forum

The paucity of women at the Davos Economic Forum despite how rich the ones who attended are as described in this post by Forbes staff writer Louisa Kroll, The Richest Women at Davos.

Women's Davos Wardrobe Dilemmas covered by Moira Forbes as an unfortunate but still critical factor for the display of power necessary to be a player at the World Economic Forum.

A photo gallery of the executive conferences women CEOs love best.

The Continued Assault on the Glass Ceiling

Aman Singh's post on Why So Many Top Women Don't Make it to Executive Leadership.

Jenna Goudreau's Jobs Outlook:Careers Headed for the Trash Pile


]]>Negotiation, Sponsorship, the Wage Gap and a Digression into Frivolous Lawsuits at She Negotiates

Five Reasons Your Boss Wants to Give You a Raise This Year (Gender Neutral)

Negotiating with Mattie Ross of True Grit (Gender Neutral)

Sponsorship, Not Mentorship, Can Greatly Narrow the Wage Gap

Kucinich and the Olive Pit in a World of Injustice (gender neutral)

First You Wake Up, Then You Negotiate (gender neutral)

Jealousy's Underhanded Contribution to the Wage Gap by our Gen-Y blogger Katie Phillips.

Provocative Posts and Articles

Bad Career Advice:Nice Guys (and Girls) Finish Last by Christine Scivicque

Study says Dads Should be Less Involved in Parenting by Forbes Staff Writer Meghan Casserly as well as her terrific article on Sexy News Anchors' Distracting Effect on Viewers who can't seem to recall the news disseminated by these attractive women!

There's lots more over at ForbesWoman but those are the articles and blog posts that caught my own attention this week. Put ForbesWoman on your newsreader whether you're male or female, because it's pretty clear that women's economic power is growing and attention must be paid. 

]]> http://www.negotiationlawblog.com/she-negotiates/the-week-at-forbeswoman/ http://www.negotiationlawblog.com/she-negotiates/the-week-at-forbeswoman/ AdvocacyAsk for It!CompensationDeal MakingGender BiasGlass CeilingLegalLegal PracticeMediationMoneyNegotiationNegotiation StrategyNegotiation Strategy and TacticsShe NegotiatesThe CourtsTruth Justice and the American WayWage GapWomen Sat, 29 Jan 2011 15:36:39 -0800 Victoria Pynchon Frivolous Claims It genuinely did not occur to me until I'd been mediating full time for a year that "frivolous" claims most often arise from felt injustices (instances of unfairness in the commercial world) that the law does not recognize.

When attorneys attempt to rectify non-actionable wrongs, they so drastically "spin" their clients' stories that the resulting claims appear to be false and therefore not only frivolous, but malicious.

By the time the parties come to mediation, the legal "story" has often become unrecognizable to all the parties -- a result of client "control" at depositions and pre-trial proceedings in which the "whole story" has been so riddled with holes that it most resembles a piece of Swiss Cheese. 

A good mediator can relocate the original story of injustice; be the agent of reality for the plaintiff's often inflated expectations of recovery; and, re-translate the "frivolous" lawsuit back into the tale of unfairness that made the client seek out counsel in the first place.  

When this is accomplished, the defendant is able to settle the lawsuit without feeling black-mailed, a term that, along with "extortion" is most frequently used by defendants who genuinely do not know what could possibly have motivated the plaintiff to sue them other than greed and malicious ill will.

When the defendant wrestles with the actual, rather the the legal, theory of injustice, the settlement becomes a way of successfully grappling with and resolving what are usually simply business communication or management failures. 

The good news?  You don't need a mediator or even a lawyer to "try this at home." If you are a business person with a legal dispute, try talking to your adversary before you bring in legal counsel.

When you do need an attorney, talk to him about business solutions to to the legal problem.

If you are an attorney with a "client control" problem, bring your client back in from the cold.

As litigators, we tend to forget that our business clients have often negotiated more deals in a single week than we do all year. Engage their creativity and together you will be the best attorney-client team on the block.

]]> http://www.negotiationlawblog.com/settlement/frivolous-claims/ http://www.negotiationlawblog.com/settlement/frivolous-claims/ Deal MakingLegalMediationSettlement Mon, 27 Nov 2006 11:51:02 -0800 Victoria Pynchon