Negotiation Law Blog

I'd like to take a little bit of your time to talk to you about sponsoring the Annual South Carolina Women Lawyers Conference scheduled for October 21, 2011. 

Why South Carolina? 

Because for the past 19 years the same group of women has been hosting an "I Believe Anita Hill Party." 

This year is the 20th anniversary of the Clarence Thomas-Anita Hill hearings which legitimized women's complaints of sexual harassment in the workplace. This is a particularly timely year in women's professional history to revisit the Hill-Thomas hearings in light of the DSK, Schwarzgenegger and Weiner scandals. 

Professor Hill will be the keynote speaker at the South Carolina Women Lawyers' Leadership Summit the day after the Anita Hill "party." Professor Hill will kick off the morning of the Summit on October 21 with the keynote speech.

That same afternoon, I will be leading a panel discussing the intersection of sexual harassment and implicit gender bias with Gloria Steinem (founder of Ms. Magazine and the Martin Luther King, Jr. of the second wave women's movement); Gloria Feldt, feminist activist and author of No Excuses, Nine Ways Women Can Change the Way We Think About Power; Shelby Knox, "star" of the Sundance documentary "The Education of Shelby Knox," now working for change.org, and, Jamia Wilson, Vice-President of Programs at the Women's Media Center in New York City, which trains and promotes women in media, an organization co-founded by Steinem and Jane Fonda.

This panel of two of the most noted leaders of the Second Wave Women's Movement and two Gen-Y feminist activists will talk about solutions to a problem to which no one yet has an answer.

My small start-up company, She Negotiates Consulting and Training, is working to promote women to positions of leadership through their own efforts within a supportive community of women in business and the professions.

She Negotiates is a Diamond Patron Sponsor of the South Carolina Women Lawyers' Conference and we invite you to sponsor this historic event too.

As a former attorney (and current mediator and AAA arbitrator) I am all too familiar with BigLaw's failure to retain and promote their women. We at She Negotiates believe that only by encouraging women to support other women will we finally close the wage, income and leadership gap that seems so intractable. 

The next firm to become a Diamond Sponsor can introduce the Feldt-Steinem, et al. panel and receive four tickets to the event. Here's the Sponsor Form. Please donate today. No donation is too small!

Negotiating for Something You Think You Can’t Get? Show Up in Drag posted by LISA GATES

Jane, like her male counterparts, has a big truck with her company logo plastered on the doors, lots of specialized tools and ladders, a crew of talented helpers, 20 years in the business and several pairs of Carhartt jeans and Timberland boots (NYSE:TBL).

When she shows up to meet potential clients, she dresses like a woman and makes sure there’s no dirt under her fingernails. It’s a “presentation” thing she says. According to Jane, if she clomps into prospective clients’ gardens wearing muck boots, it’s as much of a turn-off to her prospective clients as it is being gay.

Double binds and deep and abiding biases cause many women to make extreme choices.

continue »

What is the SAT’s ‘Jersey Shore’ Essay Question Really Asking? posted by KATIE PHILLIPS

Last Saturday, the College Board served up a mega-curveball for high school students across America: it asked them to write an essay about reality television. The question, one out of three possible essay topics distributed at random, described reality television as programs “which feature real people engaged in real activities rather than professional actors performing scripted scenes” and then asked whether “people benefit from forms of entertainment that show so-called reality, or are such forms of entertainment harmful?”

Definitely not what kids who have spent countless hours brushing up on their Shakespeare, Chaucer, and Dickens had expected.

These are the kids that are too busy studying, playing soccer, or taking piano lessons in the hopes of receiving an acceptance letter to a great college — they don’t have the time to watch or interest in the comings-and-goings of Jersey Shore’s Snooki and The Situation. These are, not surprisingly, the same kids who are complaining of the question’s ‘unfairness’ – many of whom have lamented on online forums such as College Confidential that they don’t watch any television, let alone reality shows.

The College Board, in response, has defended its prompt; saying that it was an attempt to “engage students”, and that “everything a student needs to write a successful essay is included in the prompt itself.” Meaning, they’re not grading students on how well they can opine about the Kardashians, but rather how well they can structure an essay.

continue »

Money, Power, and Self-Determination Make Women Unhappy posted by VICTORIA PYNCHON

That’s what author Suzanne Venker’s saying in her new book The Flipside of Feminism.

Forty years have passed since the so-called women’s movement claimed to liberate women from preconceived notions of what it means to be female – and the results are in. The latest statistics from the National Bureau of Economic Research show that “as women have gained more freedom, more education, and more power, they have become less happy.”

Over at Washington Whispers, Paul Bedard has pulled from Venker’s book, Five Ways That Feminism Has Ruined America

It hurt marriage. Women want to wait so that they can keep their identities longer and men are finding easy sex, taking away a big reason for marriage.

Emasculates men. It’s better to be a wuss than speak up or mouth off and face charges of harassment or chauvinism.

continue »

The Internet, Freedom of Speech and the Anti-Gay App posted by VICTORIA PYNCHON

Pressure is mounting on Apple (NASDAQ:AAPL) to rid its store of an Anti-Gay App. Over at the Huffington Post, Wayne Bessen writes that Exodus International, the largest Christian organization offering a “cure” for homosexuality, is bragging that Apple gave it a 4+ rating, signifying the absence of “offensive content.”

I downloaded the Exodus App today to see whether it contained something akin to hate speech which has been variously defined as any communication which disparages a person or a group on the basis of some characteristic such as race or sexual orientation; or attacks or disparages a person or group of people based on their social or ethnic group.

At the risk of putting myself at the center of a firestorm of disapproval, I have to say that what I viewed and read on the Exodus app was not hate speech but simply the expression of religious beliefs with which I, and many other people, disagree.

Exodus International appears to be a non-denominational religious organization that believes homosexuality is a sin. It also promotes the idea that this sin can be relieved by establishing a spiritual relationship with Jesus.

continue »

This is an event not to be missed. The National Association of Women MBA's 2011 Summit for Emerging Executives - Helping Businesswomen Navigate the Climb.

Women lawyers - this is a great networking opportunity.

Meet your future in Orlando.

Last week at ForbesWoman -- full post here. Excerpt below.

[Last week] I learned that Women Lawyers, Law Students Aren’t Speaking Up in several places including The Lawyerist in its post Women Lawyers: Silence Isn’t Always Golden by Staci Zaretsky.

WTF??????????

The most competitive and ambitious women in the land are stifling themselves?

Looks like it.

• women law students are less likely than their male classmates to participate in classroom discussions
• women law students are less likely to seek advice from their professors
• women law students are more likely to be motivated by fear (that’s ok, of course, so long as you do what the river guides tell you to do – paddle through your fear!)

Still, we graduate from law school and often do so with high honors or we wouldn’t represent such a large proportion of the new associate ranks in the best firms in the land. All first year associates are frightened. They don’t know a thing, really. Certainly not how to practice law.

It Takes Courage!

It’s a very adult task to speak up for a major American corporation likeFord Motor Company (NYSE:F) in court; to make an objection to the question asked by the deep-voiced man of advanced years sitting across the conference table from you harassing your client in a deposition. It takes courage to tell a jury of twelve strangers that your client was innocent even though five by-standers identified him as the guy who robbed the Circle K (CLKSF:OTCUS).

So we “woman up” when we get that first job and speak up, right?

According to a recent study, apparently not.

We argue only 15% of all cases heard by the Supreme Court. One of those 15% tells Stephanie Rabiner that “women don’t like verbal jousting” and are “horrified” by the controversy it might cause to take a case to the highest court in the land.

Really? Really??

There’s Work to Be Done

O.K. You don’t care that much about money. And you’d really rather have a balanced lifestyle, which you’re hoping will allow you to just go to work, put in your hours, come home and tend to the children who, you hope, you’ll be able to comfortably accommodate into your work-life. You ski. You travel to exotic places. You want to buy a home – an acquisition thatChris Buckley says gives you the right to use the Yuppie Nuremberg Defense - I have a mortgage to pay.

That life you’re imagining rests on the shoulders of the women who broke this path for you. But that’s ok. We didn’t want to create a generation of women who were grateful. We wanted to create a generation of women who would stick up for themselves and for their sisters.

As Gloria Steinem once said, “it’s ok if young women don’t remember whoI am. It’s only important that they remember who they are.”

But listen up ladies, women, sisters, fellow barristers and advocates. There’s work to be done in the world. You have  the education and the training necessary to make a difference at the highest levels of power. And if you choose not to use that power  . . . well . . . at least have the decency to feel just a little bit guilty about it.

Here’s What You Have the Power to Change according to Nicholas Kristof’s Half the Sky.

• more than 107 million women are missing from the globe today
• more girls have been killed in the last fifty years because of their gender than men were killed in all the wars of the 20th century
• more girls are killed in this routine gendercide in any one decade than people were slaughtered in all the genocides of the twentieth century
• every year another 2 million girls worldwide disappear because of gender discrimination
• of the 600,000 to 800,000 people who are trafficked across international borders every year, 80% are women and girls, who are imprisoned , beaten and raped many times every day of the week to serve the world’s sex trade
• the global sex trade is larger in absolute terms than the entire Atlantic slave trade was in the 18th and 19th centuries

Feel like speaking up in class yet?

How about that bill pending in an American state legislature that wouldmake the murder of a physician providing abortion services to your sisters, your daughters and your mothers justifiable homocide?

You’re a lawyer. Doesn’t that seem wrong to you?

No well-behaved woman ever made history. Nor did she end the international slave trade in little girls.

Ready to misbehave yet?

Go to npr here.

See the series of articles on the topic over at ForbesWoman ~ Why Every Woman Should Ask for a Raise this Year; and, Why We Women Fail to Ask for Raises and What Happens When We Do, most of which is also applicable to men.  Excerpt from the first article below:

You deserve a raise this year because you are working harder, longer and faster than you were before the recession. And as msnbc reported in 2009, you are doing so for less, not more, money.

 That means you are not only doing your own job, you’re also doing the jobs your laid off colleagues were doing. You’ll be difficult to replace because of that. Not only because John and Mary’s jobs are not in your historic employment description, but because fewer people will want to take on the work you’re doing now for the salary you’re now being paid.

 Your employer may need to hire two people to replace you. He or she will also have to incur the expense of hiring one or more new employees.

 You are more valuable than you believe yourself to be. You therefore have more bargaining strength than you believe yourself to have.

How to ask for a raise over at She Negotiates tomorrow.

Come on over to the ForbesWoman She Negotiates Blog to learn how to improve your negotiation performance by writing about it in advance. Excerpt below. Full article at the link.

In a recent effort to remedy the persistent problem of women performing poorly on math tests, researchers at the University of Chicago asked women to write about their test-anxiety or about their personal values. It didn’t matter whether the women wrote about their values or about their fears, having journaled in preparation for their math tests, their scores improved one full grade. See The Write Way to Reduce Test Anxiety at U.S. World and News Report.

[Researcher] Sian Beilock [said] that “[o]ne small snippet of writing can be enough to boost performance. Writing for eight or 10 minutes before the test put anxious students on a par with students who didn’t worry.”

Here’s the most important finding for women who continue to resist negotiating on their own behalves.

“Women who tended to believe that men were better than women at physics showed the greatest improvement” in test scores when they wrote about their values or fears in preparation for their examinations.

Journal your values and journal your fear

I’m particularly pleased to learn of this research because the She Negotiates training is conducted on an online journaling-learning platform. My business partner and I have long wondered why the women who take this course nearly always report a transformative result that impacts all areas of their lives.

“It’s because of the word journal,” I’ve said to my partner. “It allows women to go deep.”

We cannot simply give women negotiation strategies and tactics, expecting them to go out into the commercial world and use them.

We need to provide women with a community learning experience in which they’re able to connect their fear of negotiation to the culture in which that fear developed like the old consciousness raising sessions of the Second Wave Women’s Movement. We need not only negotiation skills, but the confidence and sense of entitlement to use them.

From Z is for Zen Master in A is for Asshole, the Grownups' ABCs of Conflict Resolution.

Dr. Kenneth Cloke tells us that every conflict “occurs at the intersection, or crossroads, between problems we need to solve in order to grow and skills we do not yet possess. With each level of growth and development, we experience fresh conflicts and transcend old ones that we not only successfully resolve, but develop the skills to move beyond.”

Let’s take marriage, or long-term relationships of any kind. Whenever I complain about a conflict with my husband, my friend the Buddhist reminds me that my husband is my Zen master. Her reminder focuses my attention back on myself and what I have to learn from the dispute I’m having with my husband. The two of us are like the couple in Anne Tyler’s novel, The Accidental Tourist. We sometimes feel like rivals competing for the “better housekeeper” award. Should I win the prize for insight and understanding even though I am haphazard and mercurial in my habits? Or should the blue ribbon be awarded to my husband who is methodical and steady? When we first met, he loved my spontaneity and I his dependable nature. Now his steadiness irritates me and my disorganization angers him.

This intractable meta dispute – the dispute on which all others are based – evaporates when I realize it has something to teach me about my own character and presents a challenge against which that character could possibly develop. What if we solved the immediate problem? “If only you’d put your car keys in the same place every time,” my husband says for the umpteenth time, “you wouldn’t have to spend twenty minutes searching for them.” I could choose to shift the argument to my home court (“you are too controlling”) or take the lesson that a little advance planning might ease rather than burden my busy day.

Here’s the transformative part. When I change in a fundamental way, the people in my life inevitably change in relation to my change. Once my husband and I resolve the order-versus-chaos problem, he will have to find someone else to play the "I'm more orderly than you" game or give it up altogether. If his desire is truly to help me lead a more efficient and productive life rather than “trying to control me,” the two of us can move on to greater, more interesting challenges than this one on which we have been stuck for years. The same is true for relations between workers, members of extended families, red states and blue, and America against the rest of the world.

If we were finally able to resolve our differences over, say, the separation of church and state, we could free up our energy to address other pressing problems, like poverty and intolerance, the environment and health care, and full employment for anyone with the desire to work as a contributing member of the society. Conflict among human societies has caused incalculable loss and suffering. It is also the way in which people have finally stood up for human rights, self-governance, peaceful dispute resolution, independence, and tolerance of differences.   If we encounter conflict with courage and self-reflection, it can and will lead us, and those who surround us, to greater freedom and authenticity, to greater self-reliance, acceptance, accountability, forgiveness and, at long last, a far more peaceful world.

• UNCOUPLE YOUR PRESENT VALUE FROM WHAT YOU MADE LAST YEAR
  
  • your present compensation serves as a powerful anchor of your value to your employer's advantage
  • the following suggestions are a way of re-anchoring that value so that your starting point is greater than what you made this year
  •  recalibrate your value according to what you are worth in your employer's hands, i.e., what does your employer save or make based upon the work you do (this may require research on your part)
  • use that value in setting your desired compensation (also include the cost to your employer of replacing irreplaceable you)
• ASK DIAGNOSTIC QUESTIONS
  • begin asking your employer and superiors diagnostic questions (questions designed to learn what your employer needs, desires and prefers and what your employer is most concerned about in regard to the continued profitability of his/her business)
    • "how's business" is a great open ended diagnostic question that does not assume the answer
    • more specific questions include "what does the company need to accomplish in the first quarter of 2011 to meet its financial goals?"; "what are the company's first quarter financial goals?" "what do you see as the primary obstacles to achieving those goals?" "what do you see as the primary drivers of success in reaching those goals" etc. etc.
    • don't ask these questions impromptu; write them down as a way of brainstorming the most powerful questions and those that would be easiest to ask

Continue Reading

Click on the ForbesWoman link for the newest "She Negotiates" columnist, Roxana Popescu who here not only learns the lessons of street haggling, but who "outs" herself as the Daily Asker!

Nothing, and I mean nothing makes me happier than watching this new generation of women grow. Please drop by the Daily Asker and ForbesWoman to meet the brilliant and inspirational Roxana!

Congratulations are in order to attorney Angela Haskins who is not only being installed as the President of the Women Lawyers Association of Los Angeles this Thursday evening, but who has had the wisdom to create a section for women in ADR ~ an idea whose time has come.

Angela was profiled in the Daily Journal today here.  As that profile noted,

Drawing on her years of experience in alternate dispute resolution, [Angela] is creating a section on women in ADR. The association has many ADR professionals in its membership, she noted, but this will be the first time it has had a section dedicated to women who have made great inroads into what had become a male-dominated practice.

Haskins also will keep a eye on addressing the changing dynamics affecting women lawyers. Two years ago, she said, WLALA President Kathy Forester of Munger, Tolles & Olson created a joint task force for women, focusing on how to make partner, stay partner and to make that be an important part of their career.

I'll be chairing the ADR Committee this year.  As part of Angela's Empowerment theme, the ADR Committee's activities will be highlighting its own "Women Do Refer" initiative ~ details here and at WLALA's web page here soon.

CONGRATULATIONS TO ANGELA!

Most law firms state their commitment to diversity and inclusivity, prominently featuring on their diversity pages the pathetically few women and minorities in positions of genuine economic power in the firm.  Are they walking the talk?  Let me count the ways.

O'Melveny & Myers ~ We attract, retain, and promote people of all backgrounds, regardless of gender, race, ethnicity, national origin, sexual orientation, age, religion, disability, or any other group characteristics.

201 male partners and 21 women ~ 10%.  In the legal realm, you win awards for this.

O’Melveny & Myers LLP has been named to The American Lawyer’s 2010 A-List, which recognizes the nation’s most elite law firms for stellar performance in the areas of revenue generation, pro bono commitment, associate satisfaction, and diversity representation.  This is the Firm’s third consecutive year on the list of 20 firms judged best at balancing the practice of law with their obligations to the profession.

I don't mean to pick on O'Melveny.  It's representative of the whole.  Any AmLaw100 law firm that would like to crow about its great track record in retaining and promoting women and minorities, please do drop by with your results and suggestions to your peers for improvements in these figures that the smartest guys in the room just can't seem to be capable of figuring out.  

Today, Forbes Corporate Social Responsibility Blog is commencing a series on how a serious commitment to diversity results in improved bottom line performance.  I commend that series to the attention of the real powers that be inside AmLaw 100 law firms and they cannot be found in the Diversity Programs, of that I can assure you.  Here's the intro to the McDonald's diversity program series:

How does a company that serves 56 million customers a day across 118 countries become a leader in diversity hiring and retention? According to the inclusion and diversity team at McDonald’s, it takes a combination of knowing how to leverage a multicultural customer base, a C-suite-led commitment to talent management, and academic-style learning labs.

If you're a woman, like me, we have our own garden to tend.  We leave the Fortune 50 and the AmLaw100 out of discouragement.  But part of that discouragement is born of our own diminished expectations and failures to build serious rain-making activities into our daily practices along with our failures to demand assignments to the types of cases where partners are made.

If your law firm or corporation does not have a serious diversity program, click your ruby slippers three times, say "there's no place like the board room," take the She Negotiates signature course, and kick a little butt. 

Remember, as Gloria Steinem said, "the truth shall set you free, but first, it will piss you off."

Cross-posted at She Negotiates.

. . . and the Supreme Court has it.  Check out The Female Factor over at Slate (excerpt below):

Cross-posted at She Negotiates.

At 8 PM Women on the Move gets down to business with attorney Victoria Pynchon, author of the Settle It Now Negotiation Blog, who has been called a “master of conflict resolution and deposition skills.”

Victoria recently became a regular contributor to Forbes.com’s “On the Docket” column.

You can call in with questions! 

Call-in Number: (347) 857-2102

Dear Fabulous Women Neutrals of Los Angeles:

One last time!! before the door closes on the opportunity to have your picture in the WLALA Tribute book and to share two tables with your fellow neutrals at the WLALA annual Installation Dinner and Gala. 

I have three more places at the table and on that ad.  I need your check for $175 and a .jpg by Friday to put you in it!  Please, let's show WLALA how eager we are to cross-refer business.

This is a particularly good year to join us as we begin the first WLALA ADR initiative in its nearly 100 year history.

ONE HUNDRED YEARS! of women lawyers - way past time to reach and firmly occupy the higher reaches of the profession.  We've been graduating from the nation's law schools in nearly equal numbers with men for more than 20 years.  My own U.C. law school class (King Hall, '80) was 50% women thirty years ago.

The ADR pipeline is full of competent -- indeed glorious -- women.  Yet the statistics at the top remain grim.

Chopped Liver?

Why is your ADR practice not everything that Tony Piazza's or Eric Green's or even Steve Cerveris' is?  Research shows that both men and women have negative implicit attitudes toward women in leadership and authority positions.  The good news is that women are slightly less pre-disposed than are men to picture a man in a suit when they're looking for access to money and power.  I've had at least half a dozen women commercial litigators look straight at me and say "I don't know any women mediators."

Huh????

Followed by, "well their names are never on the lists [circulated in my firm]."

Women, with their slightly reduced inability to "see" women in authority positions, are our foot in the door. And the new WLALA ADR Committee is our opportunity to open that door wide.

As a member of the CPR-led Joint Task Force on Diversity, I have heard the verdict of JAMS and the AAA.  "The market has spoken.  Commercial lawyers just don't hire women and minorities."

What????

We're advocates, for goodness sakes.  When we come into town we have to register our skills of persuasion with local law enforcement authorities.  We're change agents, opinion makers, powerful holders of the keys to the kingdom. 

And the market has spoken? 

We make the market!

This year's ADR Committee is dedicated to closing the gaping void between men and women neutrals.  We're not going to ask for special treatment, picket the LASC's ADR office, pass new laws or burn our ADR certificates, Super Lawyer plaques, Ivy League diplomas, or our bras (not at this age!). 

We're going to market like no one has ever marketed before and we're going to do so as a group so that we don't each hesitate, as we women tend to do, to promote ourselves and our services.

2010 and 2011 will be the years in which top women will refer to other top women.  2010 and 2011 will be the years in which we close the income gap not only between men and women neutrals but between men and women lawyers (its 40% at the top).  2010 and 2011 will be the years in which we make a market younger women lawyers will be entering in the next decade and the one after that -- one in which they'll flourish after they grow weary of fighting over interrogatory objections and e-discovery.

How?

Marketing.  Proctor and Gamble does  not say, "well, the market doesn't want a new improved laundry detergent."  P&G asks "how?" not "can we?"  And it certainly never says "we give up, the market has spoken."

We're putting our first stake in the ground on September 16 at the  WLALA Gala.  There's no event more important for women neutrals to attend this year. 

Our current attendees will appear in two full-page ads in the Tribute Book and two color flyers to be distributed at the dinner. 

To date those women are Eleanor Barr, Joan Kessler, Lynne Bassis, Katherine Edwards, Laurel Kaufer, Linda Klibanow, Denise Madigan, Stephanie Maloney, Deborah Rothman, Jan Frankel Schau, Gretchen Taylor, Caroline Vincent, Diane Wayne, Linda Bulmash, Lisa Gates (my She Negotiates business partner), Kathy Balin, and Erica Bristol. 

We need three more women neutrals to fill table two.  If you want to sit at another table, ask a woman litigator to change places with you while whispering "cross-refer" in her ear.  The key is that you'll be there to network.  You'll show your support to WLALA by showing up and WLALA women (among the most entrepreneurial in the Bar) will see your beautiful face and panel affiliation or business name in the  Tribute Book while enduring the inevitably tedious speeches at these events. 

Do you want to double your income by 2012?  If we've lasted this long in a profession that was solidly male when so many of us were in high school, we can close this gap by coming together and just doing it.

And if the $175 is too steep a price during these recessionary times or if you'll be out of town or otherwise engaged on the 16th of September, please let me know that you want to be a member of the new WLALA Committee by return email.

Our first event will be an afternoon on arbitration in October with CPR CEO Kathy Bryan and other powerful women attorneys, GC's and CEO's who arbitrate, either as advocates, as clients or as arbitrators.  The panel will be moderated by complex-commercial AAA arbitrator Deborah Rothman.

Shock me!  Let's fill Table Three!!

I look forward to hearing from you and to kicking the last pitiful shards out of that darn glass ceiling.

Best,

Vickie

Victoria Pynchon, Esq., Incoming Chair, WLALA ADR Committee
ADR Services, Inc. and She Negotiates Consulting and Training

(cross posted at She Negotiates)

I asked one of my consulting clients for a testimonial yesterday.

"Anything," she said, "it's genuinely changed the way I do everything.  It's not just the shift in my business relationship with [BigBiz, Inc.].  I dumped a boyfriend last week because of our conversations!  So, seriously, what would you like me to say?"

My client and I, like the few women commercial litigation clients I had during my twenty-five years as a lawyer (2%?) were quickly becoming friends.  And I was proud of her.  Truly proud.  Like a parent would be.

"I'm proud of you," I finally said, even though I'd been thinking it for weeks.  "You've shifted the power in your working relationship and that was difficult to do.  You were persistent.  You're a first class learner.  And you've been brave."

She laughed, the way we women do when we're praised, wanting the moment to pass instead of savoring it a little, particularly when we know deep down we've genuinely achieved something important in our own lives and careers but don't want to appear self-satisfied.

So I said it again.  "I'm really proud of you.  You've done great work and you never gave up.  You didn't fold to the power of BigBiz, Inc.  You stood up for yourself."

Continue Reading

Save the Date!!  Buy a Table!!  Support Women Lawyers!!  Congratulate Edith R. Matthai on the Ernestine Stahlhut Award and Eileen M. Decker on her Distinguished Service Award!!

Advertise in the Tribute Book to Celebrate the Creation of WLALA's first ADR Committee (and congratulate its new chair, Victoria Pynchon!)

(pictured:  the bread and circuses part)

Thanks to the SCOTUS Blog for the following resources on the upcoming Kagan hearings.  Follow SCOTUS Blog all week for commentary. 

Why should negotiators be interested in the composition of the Supreme Court?  Because the freedom to negotiate requires a strong rule of law culture.  And because everything we negotiate assumes the enforcement of certain agreements and non-enforcement of others, of particular interest to negotiators and ADR practitioners - arbitration agreements. 

SCOTUS whitepapers below:

Diversity Hiring

Abortion

Diversity on the Court

Gays in the Military

Corporate Rights (Citizen's United)

Conservatives

Executive Power

Kagan's Qualifications to Serve

Lisa Gates of Craving Balance and I are doing it again!  An entire month of negotiation classes that will change your life. 

When Lisa and I planned our first month-long course (you can see the testimonials here) I told her that the women participating in it would make back the cost of the class in the first negotiation they conducted after the course ended.

I was wrong.

They made it back before the course was over  it back.  One participant said after the first weekly group teleconference,

I could drop out now and feel that I'd gotten more than what I paid for.

The response to our second course (now starting its third week) is even more powerful.  So powerful that an attorney I ran into at the recent WLALAPalooza event said,

I took your 90-minute free teleseminar and tripled my hourly rate in response.  I just did it today!  I'm so excited and so proud of myself!

So we've decided not to let the grass grow under our feet or yours.  We're offering the course again - with a  money-back guarantee - beginning on July 19.

Continue Reading

As the July She Negotiates workshop nears, I realize that the one force that might discourage women from participating is the same force the workshop is designed to (and will inevitably) resolve: the effect of the recession on women's already reduced earning power.

But let's take a look at what's at stake here - your economic future.

Why this is Mission Critical

The wage and income gap is stuck at 33% despite the gains made by women in business and the professions over the past thirty years. That's simply unacceptable to me. And because I know the reason why, I've committed myself to spreading the word and teaching the skills necessary to close that gap NOW.

You Know Why the Wage Gap Persists?

I believe I do.  I'm no social scientist, but I am an expert negotiator with a master of laws degree in conflict resolution and five years of full-time experience facilitating the negotiated resolution of commercial litigation.

I've been teaching women to negotiate for the past two years and here's what I learned - both on the ground and through extensive research.

Continue Reading

Join Roxana at the Daily Asker- Take the challenge:  Can I ask for something everyday for a year?

I've just signed up for 365 days of asking.

Continue Reading

We’re celebrating Mothers Day by posting Blawg Review #263 at the She Negotiates Blog for one obvious and some not so obvious reasons.  The obvious reason is the word “She.”  The not-so-obvious reasons are:  (1) Mother’s Day was a peace and reconciliation movement before it was a holiday; and, (2) peace exists only when we have the political will to seek and the negotiation tools achieve the resolution of conflict.

In addition to the main post, we've also posted Blawg Review #263 on our She Networks, She Succeeds, She Transforms and She Resolves pages (up at the top of the blog).

Linda Babcock and Sara Laschever, in the must-read Ask for It!, define negotiation as "a tool to help change [or preserve] the status quo when change [or preservation] requires the agreement of another person.

Why should women learn to negotiate?  Here's the succinct and powerful message Babcock and Laschever have for us:

The consequences of not negotiating in the workplace are pretty extreme.  First and foremost, women earn much less money than men over the course of their careers. We calculated that just by not negotiating her first job offer—simply accepting what she's offered rather than negotiating for more—a woman sacrifices anywhere from half a million dollars to one and a half million dollars in lost income over the course of her career. This is a massive loss for a one-time negotiation—for avoiding what is usually no more than five minutes of discomfort—and it's an unnecessary loss, because most employers expect people to negotiate and therefore offer less than they're prepared to pay. And far more men than women negotiate their first offers. Since men also negotiate more than women throughout their careers—or negotiate more aggressively—the financial losses to women can be truly staggering.

Once upon a time, several generations of women all decided at pretty much the same moment that they did not wish to be economically marginalized anymore.  They didn't want to see themselves portrayed primarily as air-heads who couldn't successfully drive a car to the market, let alone manage a hedge fund.

Continue Reading