Negotiation Articles

Negotiation Articles


Figuring Out George Mitchell’s Real Contribution to the Good Friday Agreement

(4/24/18)Geoffrey Corry

On Tuesday 10th April 2018, I was in Belfast to commemorate the 20th anniversary of the Good Friday Agreement (GFA) with all the great and the good who took part in those negotiations.

Does Your Practice Include Church and Synagogue Mediation?

(4/20/18)Laurie Israel

Within the church or synagogue setting, mediation can be very useful if individuals or groups are having disputes or differences of opinion.

Over Confidence Can Kill!

(4/20/18)Phyllis Pollack

While typically we discuss the over confidence bias in the context of negotiations, trials and other non-life-threatening events, this bias applies to all situations.

Backhanded Compliments

(4/20/18)Jen Reynolds

Those of us who teach negotiation often focus on building rapport and being attentive to relational dynamics.

Team or Organizational Commitment?

(4/20/18)Chris Straw

Team or organizational commitment: Which leads to better inter-team conflict management?

Want to Know the “Secret” to Managing Confrontational and Aggressive Behaviors?

(4/20/18)Kevin Stapley

In this article, you will learn two key methods that experienced de-escalators use to maintain control of these high risk, high emotion situations, and guide the agitated person back into a calmer state of mind.

The Ghosts of Melos

(4/17/18)Peter Adler

Intermediaries, honest brokers, and would-be peacemakers have much to learn from warfare. In fact if you want to understand mediation, learn about war.

Optimizing the Use of Joint Sessions in Mediation

(4/13/18)John Sturrock

Much has been said and written about the demise of the joint meeting in mediation. In my experience, such a view is premature and, I fear, is potentially wasteful of the power that mediation brings for creative problem-solving.

Restorative Practices in Juvenile Criminal Proceedings

(4/13/18)Maria Paola Felibert, Maria Eugenia Sole

This article moves from theory to practice by demonstrating an approach from a real case in Latin America.

Spaces for Peace

(4/13/18)Allegra Chen-Carrel

It is referred to as the Dead Zone, the Green Line or No-Man’s Land.

Why Are You And Your Sibling Fighting Over Your Parent's House?

(4/12/18)Kamela Laird

In this model, the lawyer-mental health professional duo creates a safe container for you and your sibling to communicate authentically about what really matters to you.

Interview with Roger Fisher

(4/10/18)Roger Fisher

This is the complete interview by Robert Benjamin with Roger Fisher, author of 'Getting to Yes' and other negotiation and dispute resolution books and founder of the Harvard Project on Negotiation, filmed as part of the Mediate.com 'Views from the Eye of the Storm' Video Series.

Ten Tips Toward Client Arbitration Satisfaction

(4/06/18)Eric Van Loon

Except in “bet the company” circumstances, extensive discovery, dispositive motions, expert reports, and hearing costs are making courthouse litigation cost prohibitive.

Is the Overconfidence Effect Sabotaging Your Communication?

(4/05/18)Tammy Lenski

The overconfidence effect is a natural bias toward believing that we’re better at something than we actually are.

Settlement Ethics 101

(3/23/18)Phyllis Pollack

So… is the attorney in the Daniels/Trump case in a no-win situation here?

New Hope in Dealing With an Abusive Supervisor

(3/23/18)Chris Straw

Abusive supervisors are ubiquitous in the workplace, causing distress for their employees and costing employers in the US an estimated $23.8 billion each year.

Problem Solvers: New Profession

(3/22/18)Alessandra Sgubini

The results on how the collaborative approach in resolving conflicts is more successful than the adversarial is proven not only by real data provided by the two companies but also by the increasing number of the clients’ demands to resolve conflicts in an economical, faster, and cheaper ways.

The Need for a Paradigm Shift for Transforming Relational Conflict

(3/16/18)Laura Tarcea

This paper provides a brief overview of mediation with a focus on clients’ self-determinism in family mediation or family dispute resolution (FDR) and Ontario court-connected alternative dispute resolution (ADR) programs.

Playing the Blame Game the Right Way

(3/16/18)Sat Sindhar

A common reason for workplace tension is biased judgement.

Mini-Grant Deadline Approaching for Community Mediation

(3/16/18)Brennan Frazier

This year’s JAMS Foundation/NAFCM funding focus is Homeless, those facing eviction and public housing.

Negotiating Like a Woman - How Gender Impacts Communication between the Sexes

(3/14/18)Jan Frankel Schau, Nina Meierding

Anyone who has ever been married will admit that men and women argue differently. It should be no surprise to learn that women and men negotiate differently as well.

The Joy Of Impasse: The Neuroscience Of ‘Insight’ And Creative Problem Solving

(3/13/18)Robert Benjamin

Most novice and experienced conflict mediators alike feel themselves viscerally tighten in the face of an impending impasse. However, current studies in neuroscience suggest that frustration can be useful in fomenting creative problem solving.

What it Takes to be Conflict Masterful

(3/09/18)Cinnie Noble

How we define conflict mastery and the characteristics needed to be and be seen as such varies.

The Medium Makes the Difference!

(3/09/18)Phyllis Pollack

The last decade and a half has seen an explosion in communication by every means imaginable other than face to face. For this reason, I believe its points are worth revisiting.

Miscellany: A Free Negotiation Teaching Package, Using Decision Trees in Mediation, and the Legality of BATNAs

(3/07/18)George Siedel

John Lande's recent article and blog on BATNAs raise two questions that are addressed in this article.

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