Today on Mediation Playbook, David is joined by Nancy Sherman, Professor and New York Times Notable Author. Together, they dive deep into the philosophy of stoicism and its practical applications in negotiation and mediation. Nancy, an esteemed philosopher and professor at Georgetown University, sheds light on how ancient teachings from figures like Seneca and Aristotle can help modern mediators handle emotions, navigate difficult negotiations, and maintain good character amidst adversity.

From the value of physical books versus audiobooks to famous negotiations from classic literature, this discussion offers a rich blend of ancient wisdom and modern advice.

Then, Nancy and David explore real-life applications of stoic principles, emphasizing the importance of preparing strategies in advance, maintaining calm in the face of changing circumstances, and valuing relationships with people of good character.

In this episode of Mediation Playbook, David Coher and Nancy Sherman discuss:

• Famous negotiations from classic literature

• Lessons on managing anger, facing adversity, and controlling personal emotions in negotiations

• Insights on maintaining relationships and managing relational dynamics

• Misconceptions of stoicism

• How stoicism prepares you for potential disasters (in life and in negotiation)

• And more!

Key Actionable Takeaways for Effective Negotiation:

• Preparation is Key: Develop strategies and premeditated scenarios to maintain a calm and deliberate response in negotiations.

• Control Your Emotions: Managing negative emotions, desires, and anxiety is crucial for effective mediation and negotiation.

• Value Relationships: Cultivating and maintaining friendships with good character is foundational to personal and professional resilience.

• Adaptability: Stay open to pivoting and adjusting your approach as information or situations evolve to maintain balanced and effective negotiations.

But that's not all!

If you’re interested in submitting a topic or guest who should be on the show, send us an email via podcast@mediationplaybook.com.Visit Nancy’s website: https://www.nancysherman.com

Connect with Nancy Sherman on LinkedIn: https://www.linkedin.com/in/nancy-sherman-0221b917

Buy Stoic Wisdom: Ancient Lessons For Modern Resilience by Nancy Sherman: https://www.nancysherman.com/stoic-wisdom

Check out the How the Light Gets In Festival: https://howthelightgetsin.org/festivals

Tune in to hear more from the Mediation Playbook podcast, Hosted by David Coher, on Apple Podcasts, Spotify, Google Podcasts, Amazon Music, Audible, Radio Public, and more!

This episode was produced and brought to you by Reignite Media.

We all know how much negotiation it takes to buy or invest in real estate, but what you might not know is how much planning it takes to come out a winner. Luckily, it’s possible to have a win-win situation in any real estate negotiation.

Today on Mediation Playbook, you’ll learn Kevin Almosch’s winning tips for planning ahead of your real estate negotiations. Kevin Almosch is the President of Pine Financial Group, a premier lender for real estate investors around the US. Kevin has been investing in real estate for several years and helping others do the same with little to no experience, money, or credit.

One thing’s for sure… Kevin is highly experienced in negotiation and he’s ready to share his expertise with you.

Whether you’re a beginner investor or simply interested in the behind-the-scenes of negotiating for real estate, this episode is for you!

In this episode of Mediation Playbook, David Coher and Kevin Almosch discuss:

• Kevin’s journey in real estate investment and financing.

• How Kevin started buying one or two investment properties per month with no money or credit.

• How to find motivated sellers as a beginner real estate investor.

• The Natonal Association of Realtors settlement and what impact it’s going to have on the real estate industry.

• Why Kevin disagrees with The Law of Duality in negotiation.

• How to plan for a real estate negotiation (Kevin’s 5 steps).

• Pine Financial Group’s financing structure.

Key Actionable Takeaways for Effective Negotiation:

• Especially in real estate, it’s possible to have two winners in a negotiation. So let go of the belief that there will be a winner and loser.

• Negotiation takes planning before bringing your value to the table. Eliminate maybes, analyze your needs, develop an offer, and figure out how you’ll handle the close and objections.

• The first step to successfully buying an investment property is making sure you’re finding motivated sellers. Think foreclosures, tired landlords, etc.

• When buying an investment property, always seek the support of a buyer’s agent who knows how to negotiate and can educate you on the process and your options. If you don’t, you’re at greater risk of going unrepresented or even exiting the market completely.

But that's not all!

If you’re interested in submitting a topic or guest who should be on the show, send us an email via podcast@mediationplaybook.com.Connect with Kevin Almosch on LinkedIn: https://www.linkedin.com/in/kevinamolsch

Learn more about Pine Financial Group: https://pinefinancialgroup.com

Check out The Pine Report: https://thepinereport.com

Tune in to hear more from the Mediation Playbook podcast, Hosted by David Coher, on Apple Podcasts, Spotify, Google Podcasts, Amazon Music, Audible, Radio Public, and more!

This episode was produced and brought to you by Reignite Media.

Did you know that in a marketplace for trading commodities, the most valuable trade doesn't necessarily occur at the highest price, but rather at a price where the trade's value is maximized? This insight from Noah Healy turns a conventional economic notion on its head, emphasizing strategy over price.

Today on Mediation Playbook, we’re talking about pure strategy in negotiation. Our guest is Noah Healy, a Game Theorist, Marketplace Strategist, Podcaster, and Owner of Coordisc. Noah is here to share fantastic insights from game theory and marketplace strategy and apply them to the art of negotiation.

His expertise leads to a compelling discussion on his proposed paramutual system, where accurate predictions in market conditions result in rewarding outcomes.

David and Noah also explore the classic Prisoner's Dilemma, demonstrating how cooperation typically leads to the best collective outcomes but can be overshadowed by the temptation of short-term individual gains.

Then, Noah highlights his innovative approach to market design through Coordinated Discovery Markets (CDM), an idea for which he is seeking a patent. He notes the major impact that effective negotiation and prediction accuracy can have on market success and invites you to support his efforts through his petition.

In this episode of Mediation Playbook, David Coher and Noah Healy discuss:

• What is game theory?

• How to apply game theory to negotiation

• Marketplace Negotiations: The design and strategy of an effective marketplace for trading commodities

• Negotiation Insights from The Prisoner’s Dilemma

• How to create value in future rounds of negotiation

• How mathematical applications can quantify negotiation outcomes

• Why it took Noah 3 months to “solve” the commodity marketplace

Key Actionable Takeaways for Effective Negotiation:

• Every negotiator needs to understand the strategic elements of the mediation they are engaged in. The long-term benefits of cooperation often outweigh the short-term individual gains.

• Mediators can learn from marketplace negotiation strategies. You can then apply these insights to ensure fair, effective mediations that maximize value for all parties involved.

• Developing the skill to predict outcomes and interests accurately can significantly enhance a mediator's effectiveness in guiding negotiations toward successful resolutions.

• Too many choices can be overwhelming and will lead you to run out of time to test all your options. It’s important to contain your choices effectively to avoid overwhelm.

• Continuous Learning and Adaptation: Embrace new methodologies and technologies to stay current and effective in mediation practices.

Tune into this insightful discussion on game theory, marketplace strategies, and the intricate dance of negotiation. Whether you’re a professional mediator or simply interested in the mechanics of decision-making, this episode is for you!

But that's not all!

If you’re interested in submitting a topic or guest that should be on the show, send us an email via podcast@mediationplaybook.com

Connect with Noah Healy on LinkedIn: https://www.linkedin.com/in/noah-healy

Listen to Noah’s podcast, The 4th Age - The AI Revolution: https://podcasts.apple.com/us/podcast/the-4th-age-the-ai-revolution/id1699672490

Sign his petition: www.change.org/CDM_patent

Learn more about Coordisc: https://coordisc.com

Tune in to hear more from the Mediation Playbook podcast, Hosted by David Coher, on Apple Podcasts, Spotify, Google Podcasts, Amazon Music, Audible, Radio Public, and more!

This episode was produced and brought to you by Reignite Media.

Having difficult conversations with stakeholders about controversial or hot-button issues requires a strategic, yet human-centered approach. Today’s guest on Mediation Playbook is John Marler, Director of Global ESG at Ingram Micro, and he’s here to share his approach.

For the last few years, John has been helping the Fortune 500 to build their corporate ESG (Environmental Social Governance) and environmental sustainability programs.

From this, he has a wealth of experience and advice in finding common ground between parties with different agendas regarding passionate and sometimes political issues, such as sustainability, corporate responsibility, and ESG.

Tune in to learn John’s expert insights on staying productive and solution-oriented during difficult negotiation conversations.

In this episode of Mediation Playbook, David Coher and John Marler discuss:

• The first and most important step is having a difficult conversation.

• How do you address corporate concerns about ESG (or any issue) and motivate people to take it seriously?

• Myths and misconceptions about ESG.

• How does ESG add value to a company?

• How to address anti-ESG or ESG-ignorant rhetoric.

• Why sustainability or ESG isn’t just a financial drag on your company.

• The accuracies and inaccuracies of Legally Blonde.

Key Actionable Takeaways for Effective Negotiation:

• Look at every dispute as a problem to be solved.

• If you can position yourself as the most responsible, most forward-looking supplier or internal consultancy for your customers, you’ll gain trust while increasing sales and revenue.

• Especially with large or impatient customers, address all of their options to find the best long-term solution, not just the “check the box” options. Customers know the difference, so do it the right way and be authentic.

• Address issues early on, even if it requires more work. It will pay substantial dividends down the road.

• Take your emotions off the table when having difficult conversations or disputes. This may seem obvious, but it’s easier said than done.

• Put yourself in each party’s shoes to really understand their issues and agendas and how you can create a solution that works for them.

But that's not all!

If you’re interested in submitting a topic or guest that should be on the show, send us an email via podcast@mediationplaybook.comConnect with John Marler on LinkedIn: https://www.linkedin.com/in/johncmarler

Learn more about Ingram Micro: https://www.ingrammicro.com

Tune in to hear more from the Mediation Playbook podcast, Hosted by David Coher, on Apple Podcasts, Spotify, Google Podcasts, Amazon Music, Audible, Radio Public, and more!

This episode was produced and brought to you by Reignite Media.

Did you know that people often rely heavily on the first piece of information they receive when making decisions? This cognitive bias, known as anchoring, significantly influences negotiation outcomes, as explored in today's episode of Mediation Playbook. Episode Summary: In this episode, host David Coher takes listeners on a deep dive into anchoring in negotiations. Anchoring is the strategic introduction of specific information, such as a dollar value or initial offer, to establish a reference point influencing subsequent discussions and decisions. While anchoring can wield significant influence, David emphasizes the importance of using it wisely and justifiably to achieve mutually beneficial outcomes. David provides thought-provoking examples and real-life scenarios to illustrate the power of anchoring and the pitfalls of misapplication. He offers strategies for protecting oneself against unprincipled anchoring, such as asking why and offering counter-anchors backed by justification. Throughout the episode, listeners gain valuable insights into recognizing and responding to anchoring tactics in negotiation settings. Episode Run Down: - David reviews the definition of anchoring as the strategic introduction of specific information to influence negotiations. - Thought exercises and real-life examples illustrate the impact of anchoring on decision-making processes. - Strategies for combatting unprincipled anchoring include asking why and offering justified counter-anchors. - David discusses the application of anchoring in various negotiation scenarios, providing valuable insights for listeners. Key Takeaways for Negotiation: - Always anchor with justification: Establish a strong foundation for negotiation by anchoring positions with justified valuations or reasons. - Combat unprincipled anchoring: Protect against unprincipled anchoring by asking why and offering counter-anchors backed by justification. - Recognize anchoring tactics: Be mindful of anchoring techniques throughout the negotiation process and respond strategically. - Re-anchor mid-negotiation: Anchoring isn't limited to the beginning of negotiations; leverage it effectively by offering principled justifications for deal points. By tuning into this episode of Mediation Playbook, mediators and negotiation enthusiasts alike will gain valuable insights into the art and science of crafting a successful negotiation strategy that resonates on both an economic and emotional level. If you’re interested in submitting a topic or guest that should be on the show, send us an email via podcast@mediationplaybook.com This episode is just another example of how negotiation is not just about the numbers but also about understanding human psychology and the nuance that surrounds it. Tune in to hear from more the Mediation Playbook podcast Hosted by David Coher on Apple Podcasts, Spotify, Google Podcasts, Amazon Music, Audible, Radio Public and more!

Did you know that how you 'anchor' your initial proposition in a negotiation can set the tone for the entire mediation process?

Law firm founder, attorney for numerous Unicorns, and investor Andre Gharakhanian weighs in on how starting with a credible and well-justified valuation can serve as a strong anchor in contentious negotiations.

In this thought-provoking episode of Mediation Playbook, David Coher engages with guest Andre Gharakhanian to discuss the finesse of anchoring a mediation and negotiation.

Using a real-world example, they peel back the layers on the importance of solid valuation justification to prevent the derailing of negotiations and to ensure each side perceives value in the outcome.

The conversation pivots to the emotional landscape of negotiation, where Andre shares a narrative about a pre-acquisition CEO firing and its dramatic ripple effects. They delve deep into how emotional dynamics influence corporate decisions and the importance of maintaining clarity and principle throughout the negotiation journey.

David and Andre wrap up the discussion by addressing the nuances of maintaining long-term business relationships and the strategic considerations that must accompany a successful negotiation. .

In this episode of Mediation Playbook, David Coher and Andre Gharakhanian Discuss:

• An analysis of a case where emotional factors overshadowed financial logic in a CEO's firing and an acquisition.

• Anchoring 101: A debate on its effectiveness and the delicate balance between aggressive tactics and the strategic understanding needed to close a deal.

• Reflections on the cultural aspects of law firms and businesses, particularly highlighting the significance of building a positive firm culture.

• And so much more!

Key Actionable Takeaways for Effective Negotiation:

• Anchor with Justification: Establish a strong foundation for the negotiation by anchoring your position with a credible and thoroughly justified valuation.

• Balance Emotions and Logic: Recognize the impact of emotions in negotiations and counterbalance them with a strategy focused on the deal’s logical aspects.

• Strategize for the Long Haul: Look beyond immediate gains and align negotiation tactics with the long-term goals and relationships in the business sector.

• Culture is Key: Understand that the overarching culture of the parties involved can significantly influence negotiation dynamics and outcomes. Cultivate a mediation approach that takes this into account.

By tuning into this episode of Mediation Playbook, mediators and negotiation enthusiasts alike will gain valuable insights into the art and science of crafting a successful negotiation strategy that resonates on both an economic and emotional level.

If you’re interested in submitting a topic or guest that should be on the show, send us an email via podcast@mediationplaybook.com

Connect with Andre Gharakhanian on LinkedIn https://www.linkedin.com/in/siliconlegal/

This episode is just another example of how negotiation is not just about the numbers but also about understanding human psychology and the nuance that surrounds it.

Tune in to hear from more the Mediation Playbook podcast Hosted by David Coher on Apple Podcasts, Spotify, Google Podcasts, Amazon Music, Audible, Radio Public and more!

Ever wonder what negotiation tactics are behind Hollywood’s most successful stars and projects?

Well, it’s your lucky day! In this Mediation Playbook episode, you’ll learn tips and insights from one of Hollywood’s most effective negotiators.

David Shraga is the Senior Vice President of Global Television Business & Legal Affairs at Miramax. Prior to this role, David worked for Universal Studios, NBCUniversal, Universal Pictures, and founded his own boutique law firm.

If you want to know what it takes to be an effective negotiator in Hollywood, this is your chance! Tune in!

In this episode of Mediation Playbook, David Coher and David Shraga discuss:

• David’s career journey in entertainment law.

• The levels of negotiations in securing rights to books, films, and highly sought-after projects and ideas.

• Issues that arise in the project development process & How attorneys are involved.

• Why you need to prioritize relationships as a negotiator in Hollywood, especially if you can’t come to a deal.

• Why TV, film, and publishing are precedent-driven businesses.

• When to try a “soft negotiation”.

• Commonly held beliefs in entertainment negotiation that David strongly disagrees with.

Key Actionable Takeaways for Effective Negotiation:

• Prepare yourself for highly competitive negotiations when vying for the rights to high-value, sought-after projects.

• There are multiple levels of negotiations in the entertainment industry. You’ll be dealing with several different types of agents, managers, lawyers, executives, and creatives on both sides. Know what each of them want.

• Do the best with the resources you have and communicate to reps the value you bring to the discussion.

• As a negotiator, you must leverage your relationships to build trust so you can obtain key information and understand what matters to each person involved.

• Tailor your offer to the decision-maker and their desires. Listen to their needs and concerns. Note: These will vary from project to project.

• You don’t have to be a shark. Don’t back people into a corner. Respect and active listening goes a long way.

• If you can’t come to an agreement and make a deal, get out as fast as you can and preserve the relationships you have with the other side.

But that's not all: we have a super engaging outro with resources linked here!

If you’re interested in submitting a topic or guest that should be on the show, send us an email via podcast@mediationplaybook.com

Connect with David Shraga on LinkedIn: https://www.linkedin.com/in/david-shraga-13b40179

Tune in to hear from more the Mediation Playbook podcast Hosted by David Coher on Apple Podcasts, Spotify, Google Podcasts, Amazon Music, Audible, Radio Public and more!

How do you effectively negotiate for a first-time plaintiff in mediation?

Today’s Mediation Playbook will teach you all about it!

Jordanna Thigpen, a leading trial attorney and plaintiff’s counsel, is here to share her perspective of negotiating as a first-time plaintiff’s counsel and working with first-time clients. She shared the techniques she uses to achieve a resolution for her clients.

Jordanna Thigpen is the Lead Trial Attorney at Thigpen Legal, P.C. in Los Angeles, California. Jordanna’s fearless advocacy and pragmatic solutions to resolve disputes are what make her a master negotiator.

If you’re striving to become a master negotiator, you’ll certainly gain powerful insights from this discussion! Tune in to learn Jordanna’s favorite mediation and settlement strategies from the plaintiff’s side.

In this episode of Mediation Playbook, David Coher and Jordanna Thigpen discuss:

• Tips and techniques for working with first-time plaintiff clients.

• The benefits of letting your client tell their story in mediation.

• Changes Jordanna has made to her negotiation strategies when negotiating virtually (what has and hasn’t worked).

• The #1 common belief about negotiation that Jordanna disagrees with.

Key Actionable Takeaways for Effective Negotiation: 

• Keep your clients as well-informed and updated on their case as possible, especially if they’re first-time plaintiffs.

• If your client wants to tell their story to the mediator, it can be very beneficial to let them speak and be heard. Help them find what style of storytelling will work for them.

• If you do a pre-litigation mediation session, both the attorneys and the client must be prepared.

• Your word HAS to mean something. Be sincere, mean what you say, and stick to your principles.

• Avoid posturing with “This is our best and final offer” unless you have a really good reason for leaving and going through with a trial.

• Get your client to think about how their case may impact their future.

But that's not all: we have a super engaging outro with resources linked here!

If you’re interested in submitting a topic or guest who should be on the show, please send us an email via podcast@mediationplaybook.com.

Connect with Jordanna Thigpen on LinkedIn: https://www.linkedin.com/in/jordanna-thigpen-1376454

Register for the 2024 Litigation and Appellate Summit in Long Beach on April 25-26!

Learn more about the California Lawyers Association and CA State Bar Litigation Section.

To become a master of winning negotiation strategies and best practices, stay tuned for more episodes with our incredible guests!

Tune in to hear from more the Mediation Playbook podcast Hosted by David Coher on Apple Podcasts, Spotify, Google Podcasts, Amazon Music, Audible, Radio Public and more!