Mediators Share Simple Guidance In Negotiation and Mediation
Parag Shah, Esq.
Looking for simple guidance on negotiation and mediation? Look no further than Parag Shah’s recent presentation for ICLE’s Simulcast Plaintiff’s Personal Series that took place on February 28, 2020. Speaking on the topic of negotiation theory, Parag’s presentation, titled, “I Hated Mediation Until I Understood It,” discussed how people make decisions, anchoring, priming, the science of availability, loss aversion, framing, sunk cost fallacy, and questioning techniques. As a full-time neutral mediating civil litigation cases at Miles Mediation & Arbitration, Parag knows first hand the value of negotiation. Believing sincerely that both sides can leave a negotiation with a smile on their faces, he spoke about how to make negotiation work so that both parties leave the negotiation with the outcome they desired. Parag discussed the cultural barriers to bargaining in the United States, noting, “In other countries, negotiation is a way of life, so it is more accepted. Here in America, we don’t negotiate as a culture and therefore don’t understand it or appreciate how to do it.” He tied that into his discussion on negotiation theory, the barriers to pursuing negotiation, and how to overcome such barriers. Parag has been a registered mediator and arbitrator since 2012, an adjunct professor at Ohio Northern University Law School and former faculty member for the Georgia Trial Skills Clinic, GACDL’s Bill Daniel Trial Program, and AAJ’s Deposition College. He is available to preside as a special master, mediator or arbitrator in Georgia and throughout the country.
Bianca Motley Broom, Esq.
If you’ve ever wondered how preconceived ideas affect negotiations, you got your answer during Bianca Motley Broom’s “CLE By the Hour” talk, “Mediation Strategies to Overcome Bias, Prejudgments, and Assumptions.” In this presentation, Bianca discussed how to understand, identify and overcome the conscious and unconscious biases of participants. As a full-time mediator at Miles Mediation & Arbitration, Bianca recognizes pre-existing biased views can adversely impact a case in several ways, including lowering settlement value, creating unrealistic stopping points, and impeding a neutral’s ability to resolve a matter. During her presentation, she covered mediation strategies that assist neutrals in helping parties to re-examine their positions, and identify the real value of a claim or re-evaluate the strength of a defense, so that they are not roadblocks to resolution. Bianca, a full-time mediator since 2017, has years of experience as a Senior Trial Attorney of a global corporation, and recently served as a part-time judge in the Magistrate Court of Fulton County.