Games People Play

I mediated an interesting case today because the two opposing counsel played poker together with some regularity. What this meant is that they both had a friendly degree of distrust, as well as respect for the other’s ability to bluff, on the one hand, and to win on the other. I often see and even describe the negotiation process in a mediation as a game (usually of chess, implying strategic moves in anticipation of reciprocal moves designed to bring the opposing party to where the other wants them to be), but rarely do I overtly reference the bluffing that takes place in poker. Yet it is so apt! Consider the risk taker, the card counter, the one who is too obviously risk-adverse, or fearful of losing it all. These are frequently prototypical personalities represented in a mediation. So it was with much amusement that these two gentleman deftly conveyed their positions to me and then to one another and back and forth until they were fully engaged in the process–leaving with plans for more when additional parties (presumably not represented by part of their poker group) return to the table! There is much to be learned from excellent poker players, but when two of them meet–it’s probably best to grab a beer and let it unfold! Happy 4th of July!

                        author

Jan Frankel Schau

Attorney Jan Frankel Schau is a highly skilled neutral, engaged in full-time dispute resolution. Following a successful career spanning two decades in litigation, she has mediated over 700 cases for satisfied clients. Ms. Schau understands the nuances of trial and settlement practice as well as client relations and balancing the… MORE >

Featured Mediators

ad
View all

Read these next

Category

Each Of Us Can Be The Superhero That Changes The World

In this world, something outrageous is happening, conflicts are everywhere and between everyone, and it seems like those numbers are increasing dramatically. It may have been the isolation due to...

By Alessandra Sgubini
Category

In Negotiations, Are Women More Ethical Than Men?

PGP Mediation Blog by Phyllis G. PollackThe Harvard PONS blog posted (on February 10, 2020) a thought- provoking article by Katie Shonk entitled “Moral Leadership: Do Women Negotiate More Ethically...

By Phyllis Pollack
Category

Mediation To Raise The Spirit

It was one of the funniest “typos “ I had ever read, and one of the most apropos. I saw it a few months ago when we were out of...

By Jerome Weiss

Find a Mediator

X
X
X