Negotiation Articles

Negotiation Articles


Why Case Consultation/Reflective Practice Groups Matter for Mediators

(8/18/17)Michael Lang, Rochelle Arms

While mention of reflective practice in the field of mediation has grown in recent years, its use is still not standardized in the work of most mediators.

Access to Justice and ADR

(8/18/17)Shirli Kirschner

A degree of controversy still surrounds characterising ADR as an ‘access to justice’ issue.

World Peace: How Do We Keep Nations from Thermonuclear War?

(8/18/17)Morton Deutsch, Peter T. Coleman

This article describes ideas on peace and justice from the career of Morton Deutsch.

Litigation vs ADR – Different Strokes for Different Folks

(8/18/17)Steven Platt

This article describes the cultural, economic and structural changes in the legal and business communities that have transposed “Alternative Dispute Resolution” (ADR) from a “cross-practice” which litigators engage in when they are contractually required or court-ordered to do so to a fully-integrated but increasingly separate and distinct set of dispute resolution services to be offered by law firms or other private “Dispute Resolution Firms”, “Groups”, and “Individual Professionals”.

Negotiation - Part 6

(8/17/17)Pete Desrochers

Exploders make up the second category of difficult people; but they are totally opposite from the Snipers we looked at before.

The Psychology and Neurobiology of Mediation

(8/11/17)Elizabeth Bader

From a psychological perspective, the most important problem in mediation is that people take the conflict personally and the outcome of the mediation as a reflection of who they are. This article deals with the psychology and neurobiology of this phenomenon, and how to deal with it in mediation.

Elementary, My Dear Watson!

(8/11/17)Andrea Maia

Nowadays, there are two recurring questions regarding Artificial Intelligence that are very difficult to be answered: How far will humans interact with machines? And until what point humans can be replaced?

13 Tools for Resolving Conflict in the Workplace, with Customers and in Life

(8/08/17)Lee Jay Berman

Conflict happens. It is inevitable. It is going to happen whenever you have people with different expectations. Here are some tools for avoiding and resolving disputes in the early stages, before they become full-blown conflicts.

The Need to Dance; the Fear of Failure

(8/08/17)Phyllis Pollack

The other day, I received a telephone call from an attorney wondering if I could conduct a mediation on very short notice.

Soft Skills Are Back in Style

(8/08/17)Maria Simpson

In this digital world, the so-called “soft skills” are suddenly getting a lot of attention and being recognized as a key element of organizational development and improved performance.

Prenup? That’s Good News!

(8/08/17)Joy Rosenthal

Your wedding day is only a few months off and your fiancé nervously mentions that he would like a prenuptial agreement.

Formula for Success

(8/03/17)Steven Goldman

This article deals with a formula for success in mediating and fostering positive interactions and outcomes: C + S + T – AR = SI, collaboration, plus synergy, plus teamwork, minus adversarial relationships, equals successful interactions.

Access to Information and Justice: Where does ODR lead us to?

(8/03/17)Jie Zheng

This is an article describing the 2017 Online Dispute Resolution Conference in Paris.

Bill Richardson: America’s hostage negotiation strategy is broken

(7/28/17)Jeff Thompson

"The blame is theirs. The lesson for us is that America’s hostage negotiation strategy is broken."

5 Tips for Adding Video to your Mediation Practice

(7/28/17)Justin Kelsey, Julie Tolek

As more services go digital, it is necessary for legal and mediation professional to follow the trend. Clients expect an equal level of convenience and access in purchasing legal and mediation services that is provided in other online services.

Increased Complexity of Commercial Disputes Requires a New Approach

(7/28/17)Robert Bergman, Jonathan Ewing

The cost of commercial litigation continues to rise, as a highly politicized world produces pervasive economic and policy uncertainty.

Cooperation with a Competitor

(7/21/17)Charlie Irvine

Morton Deutsch, the great social psychologist of common sense, explained the difference between competition and cooperation thus: “if you’re positively linked with another, then you sink or swim together."

California Mediation Confidentiality Will End, Unless…

(7/14/17)Ron Kelly

Mediation confidentiality in California will end on January 1, 2019...unless YOU take action now.

If Only…?

(7/14/17)Phyllis Pollack

Have you ever asked yourself, “What if I had taken a different route? Then I would not have been involved in the auto accident?”

Culturally Competent Compassion in Mediation

(7/14/17)Michelle Brenner

What does culturally competent compassion mean? Is it knowing when and to whom, male or female a hand should be offered?

How Mediation Works: Theory, Research, and Practice - Book Review

(6/30/17)F. Peter Phillips, Stephen Goldberg

This is a review of Stephen Goldberg's book How Mediation Works: Theory, Research, and Practice.

WIN-WIN in Practice: Mediation Helping with Sports Disputes and Sports Disputes Helping Mediation

(6/30/17)Martin Svatos

Minor sport arbitration was heading towards rendering of an award which none of the parties would have been happy about.

The New SHRM Competency Guidelines

(6/23/17)John Ford

Should HR professionals mediate internal workplace disputes?

Mediation on Broadway-The Dramatic Lessons of OSLO

(6/16/17)Richard Lutringer

Oslo by J.T. Rogers, awarded a Tony on June 11, 2017 for best Broadway play of the season, documents the backstory secret negotiations which led to the Israeli-P.L.O. Peace Accord of 1993. This negotiation highlights the power of humility, patience and persistence.

It Takes A Solomon: Tearing Children Apart in Divorce

(6/16/17)Jacqueline Burnett-Brown

When a couple with children decide that it is time to divorce it is important for them to remember they are not divorcing their children, nor are they divorcing their shared role as parent.

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