So you need to determine things to consider before signing a prenuptial agreement and don’t know where to start?
When we notice resistance, a typical response is to try persuading them out of their resistance.
The problem of access to and maintenance of the secrecy of contracts or contract terms that are “confidential” by agreement is a common one in litigation.
(9/07/17)Peter T. Coleman
We should work hard to approach conflicts as mutually shared problems.
(9/06/17)Joshua N. Weiss
This is a book review by Joshua Weiss of the book Mastering the Art of Negotiation.
While I have known that silence can be a powerful tool in my mediation tool box, I never really thought about until I read a recent article posted on the BBC news website called “The subtle power of uncomfortable silences."
In negotiating a divorce agreement, it’s important to understand how the spouses negotiated with each other during their marriage.
This is a brief examination of a dispute between the Washington Redskins NFL football team and the government over the franchise's team name, which many see as racist. The organization won in court, yet did they really "win?"
“I hear you.” Listening is a very simple act.
The goal of this article is to provide tools for health care employees and employers to support everyone acting with greater emotional intelligence.
(9/01/17)Meriam Al-Rashid, Diora Ziyaeva
As practitioners and clients alike are well aware, international arbitration is not without its risks.
Imagine you had all the data you could possibly want about a city. What might you do with all this information to help improve the quality of life in the city?
How can you have a civil conversation with people you think are absolutely wrong, even evil?
In his journal article, Professor Bradford discusses creating a simplified online arbitration remedy to be used in situations where crowdfunding fraud has occurred.
(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.
A degree of controversy still surrounds characterising ADR as an ‘access to justice’ issue.
(8/18/17)Peter T. Coleman, Morton Deutsch
This article describes ideas on peace and justice from the career of Morton Deutsch.
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”.
Exploders make up the second category of difficult people; but they are totally opposite from the Snipers we looked at before.
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.
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?
(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 other day, I received a telephone call from an attorney wondering if I could conduct a mediation on very short notice.
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.
Click here for MORE ARTICLES
Your wedding day is only a few months off and your fiancé nervously mentions that he would like a prenuptial agreement.