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Negotiation Articles
Mediating and Negotiating Commercial Cases
with Lee Jay Berman, November 11-15, 2009
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11/05: Ghana ADR Bill includes mediation, electronic means read
11/05: Topps, Upper Deck settle baseball card lawsuit through mediation read
11/05: Malaysia Plan for investor dispute mediation read
11/05: Free state program helps with Ike claims read
11/05: Fla. justices consider mediation for foreclosures read
11/04: India; The government has decided to register "Delhi Disputes Resolution Society' to pave the way for a number of mediation centres in the city. read
11/04: Florida Supreme Court Foreclosure Task Force Recommending Mandatory Mediation read
11/04: U MN reports increase in number of farmers, lenders using debt mediation read
11/04: Interpol suggests mediation between Argentina and Iran over terrorist attack read
11/04: Residential foreclosure mediation- what's California doing? read
read all
Worth
Considering
You can't learn too soon that the most useful thing about a principle is that it can always be sacrificed to expedience.
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What's New
Moving The Goalposts - How To Craft A Mediator's Proposal (11/02/09)
Alec Wisner In mediations involving commercial, business, contractual, employment, construction and insurance issues, the bottom line is most often dollars and cents. This is referred to as "distributive mediation," meaning that the size of the pie is predetermined, and the issue is limited to determining what size each claimant's slice will be. In my practice, I've developed a systemic method (sort of) through which I can narrow down my focus as much as possible in order to be able to insert my own proposal in a final effort to close the gap and obtain settlement.
Mediating How People Get Along (8/10/09)
Diane Cohen Mediating how people get along is important in many different areas of mediation. In some case, the entire set of issues between the parties may be matters of tone, subtle behaviors, etiquette, style and world view. Helping parties deal with these sorts of issues effectively can be the key to many mediation cases, and can add value to the resolutions achieved in a mediation case.
The ‘Texas Shoot Out’ And Other Ways To Get Out Of Deals! (6/22/09)
Manie Spoelstra Most partnerships, joint ventures, marriages and many contracts and alliances start off with big plans,
grand expectations, speeches and champagne! Statistics indicate that the majority will, somewhere in the future, due to many personal and financial reasons, reach a point of such conflict or deadlock that parties want to ‘get out’!
Negotiators And Snipers: On Strategies For Managing Piracy On The High Seas---And Elsewhere (5/13/09)
Robert Benjamin Few international incidents end with the successful finality and clarity as did the rescue of the Maerske ship Captain, Richard Phillips, from
the clutches of Somali pirates in mid April. Three clean kill shots
by U.S.Navy snipers settled the stand-off. Most people in the Western world felt relieved and good about the outcome. Maybe assassination was warranted. Clearly, piracy cannot be tolerated. However, the pursuit of both negotiation and assassination strategies at the same time is troublesome and may be costly in the longer term. If negotiation appears to be merely a pretext for snipers' to act, then will the trust essential for successful negotiations be lost in future negotiations?
Obama The Negotiator: The Strategic Use of Anger (3/17/09)
Robert Benjamin One of the few ways to endure the current economic catastrophe is to appreciate the event as theater. As President Obama goes head to head with the Wall Street folks, one can’t help but be intrigued by how the negotiations are played out. His dispassionate, reasoned demeanor has been noted and is reassuring, but the theater of negotiation sometimes requires dramatic flair. A flash of ‘irrational’ anger might be a useful negotiation technique---even if he has to authentically fake it.
Letter To President Obama (3/02/09)
Kenneth Cloke Thank you. As conflict resolution professionals, practitioners and scholars, we have noticed and profoundly appreciate your efforts to change the process and tone of how differences are managed, both in Washington and around the world. We value your experience, understanding and commitment to conflict resolution, and offer our full support to you and your administration in your efforts to promote peace, collaboration, and consensus in domestic and international relations.
The Joy Of Impasse: The Neuroscience Of ‘Insight’ And Creative Problem Solving (2/09/09)
Robert Benjamin Most novice and experienced conflict mediators alike feel themselves viscerally tighten in the face of an impending impasse. The prospect of the parties in a dispute becoming locked up and unable to reach an agreement raises the ugly specter of failure for the practitioner who purports to offer a better way to manage conflict. However, current studies in neuroscience suggest that frustration can be useful in fomenting creative problem solving. Practitioners might do well to encourage impasse.
Bringing Oxytocin Into The Room: Notes On The Neurophysiology Of Conflict (1/19/09)
Kenneth Cloke To explain the etiology of conflict therefore requires us to gain a deeper understanding of how the brain responds to conflict. This should clearly include the ways distrusting personalities are formed, even among primates; the sources of aggressive character traits and the “fight or flight” reflex; the wellsprings of spiritual malaise and hostile gut reactions; and the neurological foundations of forgiveness, open-heartedness, empathy, insight, intuition, learning, wisdom, and willingness to change.
Working Together after Divorce – The Mediated Road to Success (1/06/09)
Rikk Larsen, Blair Trippe The world of divorce is a place with an infinite number of stories that play out as a short list of common themes. The biggies: the well being of the children, how to divide assets, who gets the marital home and the complications of a parenting plan. We also know that divorces are rarely the end of the relationship in the sense that once they are final you never have, or need to have, contact with the other party again.
Unlearning And Learning From Freud For Negotiated Solutions (12/01/08)
Luis Miguel Diaz This essay is inspired by Sigmund Freud’s persuasive, imaginative and enigmatic writings on mental processes and their meanings. He was the founder of psychoanalysis and is psychology's most famous author. The relevance of Freud’s work is even manifested in popular language which has incorporated expressions that he coined such as “mechanisms of defense” and “Oedipus Complex.” The significance of his legacy remains disputed.
Rule 68 and Offers of Judgment, Part I: How They Work and Why You Should Care (9/30/08)
John DeGroote I once had a client tell me: “I’m in the outsourcing business, not the litigation business.” He would probably read the title to this post and say something like: “I’m a client. Why do I care about rule anything?” Whether you are a client or a lawyer involved in US litigation, Rule 68 and similar state rules are important to you for two reasons: they can get cases resolved when nothing else can, and few lawyers use them effectively.
Improvisational Negotiation: Moving Away from Conventional Wisdom (9/30/08)
Improvisational Negotiation represents a particular mind-set and approach to negotiation that is flexible and adaptable to a fluid set of circumstances. In the Improvisational Negotiation realm, there are no steadfast rules, grids, or specific definitions that must be adhered to. Rather, the success of this technique stems from the willingness to replace the traditional “one size fits all” textbook approach with a style that focuses on the moment and is based on creativity, acceptance of uncertainty and willingness to take risk.
Taxi: Heaven For Mediation (9/22/08)
Luis Miguel Diaz Taxi is a small and little known society on Earth where humans unlearned the belief that authorities and rules were necessary for conflict resolution. Roberta who is an old and attractive woman has an informal and straight forward conversation with Ivan a young and inquisitive man. Both are open minded people.
Why Getting To Yes Is the Most Vital Journey We Face (6/30/08)
John Sturrock GETTING to Yes is the seminal work on negotiation by Fisher and Ury. First published in 1983, it has been read by millions of business people, diplomats, lawyers and others around the world and is standard fare in universities in the United States and elsewhere. Recently, General Sumbeiywo, the man at the centre of the Southern Sudanese peace agreement, was asked what one book he would recommend to negotiators. Getting to Yes was his swift reply.
So You’ve Got a Beef. Now What? (6/09/08)
Gary Weiner Negotiating a good resolution to a conflict isn’t rocket science. There are a few things, though, that you should know if you want to do a better job in settling disputes on your own.
Pele: An Inspiration For Teamwork In Negotiated Solutions (6/09/08)
Luis Miguel Diaz Team work lies beneath negotiated solutions of complex problems. This article focuses on Pele who is regarded as the greatest soccer player of all times. No team sport evokes the intuitive drive for team work as soccer, where all eleven players of a team must cooperate. Soccer requires improvisation from the players to solve the strategic necessities of the soccer field. Can we learn from Pele processes for team work?
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