Entries by Shirish Gupta

Roleplay- Convincing Your Client to Not Break the Law

You are the General Counsel for Good Deeds Housing, Inc.  You were first introduced to the organization when your old law school study partner, James Buddy, who is on the organization’s Board of Directors, invited you to the organization’s annual fundraising dinner.  Many of the city’s leading business, government, and religious leaders support the organization.  […]

Negotiating with a Govt Entity

You are General Counsel to nonprofit Good Deeds Housing, Inc. Investigators from the state Fair Political Practices Commission are investigating whether the company violated campaign finance laws by reimbursing employees for donations. The investigators interviewed five of your ten employees. The five employees admitted to the investigators that Good Deeds Executive Director Mark Charisma gave […]

Text negotiation

In my Spring 2016 Negotiation class, the students conducted a negotiation wholly via text-message. A couple of interesting insights from that were: Shorter messages are better received. Compare:   With   In that vein, responses should be near instantaneous. One student went offline for over an hour and had trouble regaining the flow whereas, one […]

Negotiation Workshops

JAMS mediator and UC Hastings Adjunct Professor of Law Shirish Gupta has developed a series of MCLE workshops aimed at improving lawyers’ negotiation skills. Each workshop is customized to the audience by subject matter and experience negotiating. His three most popular programs are: Mastering the Art of Negotiation Developing a Negotiation Strategy Leverage Analysis Interests vs. Positions […]

Negotiation videos & Presentations

Here are some of the videos/media I use in my Negotiation Class: Haggling Good guy discount (explanation): http://tal.fm/515/0 Good guy discount (in practice): http://www.thisamericanlife.org/radio-archives/episode/515/good-guys?act=1 Life of Brian Haggle Scene: http://www.youtube.com/watch?v=u75XQdTxZRc Rosenhaus lunch: https://www.youtube.com/watch?v=mBcMSOJGEaI Prisoner’s Dilemma Golden Balls deception: https://www.youtube.com/watch?v=tBtr8-VMj0E Golden Balls great strategy: http://www.youtube.com/watch?v=S0qjK3TWZE8 Radiolab on tit-for-tat: http://www.radiolab.org/story/104010-one-good-deed-deserves-another/ Reactive Devaluation: Iceland accords: http://www.textflowmedia.com/JAMS/ Priming: Unscrambling keywords: http://www.textflowmedia.com/JAMS/ Storytelling with Visuals: https://www.youtube.com/watch?v=KTONZIFm1t4 Leverage Better […]

Shirish’s Speaker Bio

Here’s my bio for a speaking engagement. Feel free to cut and paste. A link to my headshot is also below. Shirish Gupta mediates & arbitrates disputes nationwide with JAMS. He has several years of experience as a successful neutral, as well as over a decade and a half of experience as a litigator at top […]

Inside Look at Mandatory Fee Arbitrations in California

The following resource aims to help California lawyers and the public navigate the attorney fee arbitration programs run by the county bar associations and the State Bar of California. This article is written in conjunction with a presentation hosted by the State Bar of California Solo & Small Firm Section. As background, I’m a full-time mediator/arbitrator with […]

Best predictor of settlement

In a recent survey on federal court ADR programs, the Federal Judicial Center asked what are the best predictors of settlement and presented the following options: Who the lawyers are Nature of the issues in the case Parties have discussed settlement prior to the initial court-sponsored ADR session Summary judgment motions have been filed prior […]

Common Negotiating Mistakes

In the course of observing lawyers and parties in my mediations and my students in my Negotiations classes, here are some of the more common mistakes that negotiators make: No defined, concrete goal.  Without knowing what your goal is, you cannot tell whether it has been achieved. No commitment to the goal.  Once you’ve chosen […]

Crafting a Solid Attorney-Client Fee Agreement

Any attorney-client fee agreement should be (i) understandable, (ii) comprehensive and (iii) enforceable.  Here’s a way to best achieve all three goals: Start with the State Bar’s Model Fee Agreement.  While technically only advisory, a court or arbitrator is not likely to find a fee agreement drafted and published by the State Bar Committee on […]