Baseball Fires Arbitrator Who Overturned Braun Ban
<a href="http://www.nytimes.com/2012/05/15/sports/baseball/baseball-fires-arbitrator-who-overturned-braun-ban.html?partner=rssnyt&emc=rss"><img src="http://graphics8.nytimes.com/images/2012/05/15/sports/baseball/15base-pic/15base-pic-thumbStandard.jpg" border="0" height="75" width="75" hspace="4" align="left"></a>Shyam Das, who overturned Ryan Braun’s 50-game suspension for a positive drug test, was fired, according to a person in baseball with knowledge of the decision.


pressures them on giving more money to settle or to drop their demand. This immediately creates a barrier for the mediator, because a woman is incensed by this type of treatment and will become more resistant to settling. Mediators are impressed by a man's aggressive behavior, who mandates that they or their client did nothing wrong, who tells war stories on what a great builder or attorney they are, and will not budge off their position unless a mediator tells them to the contrary. The mediator assumes that the male has a better handle and superior knowledge on subject matter and a woman's style of negotiation confirms the mediator's bias.

How can a mediator handle the different negotiation styles of a woman in construction mediation?

Women who are the homeowner party during negotiations are much less likely than men to ask for what they want and to use negotiation as a tool to promote their own desires. In this situation, a woman will listen to the needs and concerns of the other side, communicate her own priorities and pressures, but be aggressive in pushing her demands. Women are aware of their shortcomings and will usually have a representative or attorney make demands on their behalf. This does not mean that the "attorney is acting as the party" or the "woman does not have a grasp on the cause of the defects," rather it means she is the brain behind the action. A mediator should not become frustrated because the woman homeowner will not speak to him about her demands. However, a mediator should engage in a discussion about the issues in the case. Having a meaningful discussion about the issues will cause a woman to reframe her demands to her representative/attorney.

Women who are acting as the representative for their employer builder/contractor are savvy negotiators. Their negotiation style is different, cooperative, and collaborative and is seeking win/win solutions for all the parties. Mediators may feel that they are trying to usurp their role as the mediator, ignore the woman's discussion on how to resolve the action and limit the discussion to monetary demands. Mediators should not be condescending, engage in the discussion and then walk out of the room and tell the other participants, who happens to be males, that the woman does not have a grasp on the issues. Take her solutions seriously, bolster her credibility to the other male participants and present her ideas to the other participants. If you shut her discussions down, you will create a permanent barrier and your will end without a settlement. Remember that women work harder, are smarter but do not boast about their accomplishments or expertise.

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By Elizabeth A. Moreno, Esq., a Los Angeles attorney , arbitrator and mediator, who sucessfully resolves complex disputes involving construction defect issues.

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