Negotiation Section


Negotiation Articles


Robert Benjamin

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

(5/16/17)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.

Charlie Irvine

Cooperation with a Competitor

(5/12/17)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."

Susan Yates

Mediation Shouldn’t Be More of a Barrier Than a Boon

(5/12/17)Susan Yates

When it comes to defining mediation, I am not a strict constructionist.

Pete Desrochers

Negotiation - Part 3

(5/12/17)Pete Desrochers

We all function through thinking processes we develop from early childhood. These “mindsets” determine how we react, how we analyze, how we plan and how we make decisions.

Michael P. Carbone

Mediation Strategies: A Lawyer’s Guide To Successful Negotiation

(5/09/17)Michael P. Carbone

Every successful negotiation requires that you have a sound strategy. In this article I will explain the steps that I believe you should follow when developing a mediation strategy.

Pete Desrochers

Negotiation - Part 2

(5/08/17)Pete Desrochers

In preparing for an argument or negotiation we need to research the facts. We’ll never make the other party change his or her opinion if we don’t understand it.

The Ambivalence of Self-Regulation in ODR

(5/08/17)Hotur Krishna Bharadawj

ODR is thought to supplement existing ADR methods to address disputes quickly and adequately using technology and the Internet.

Maria Simpson

DIS-agree and Commit

(4/28/17)Maria Simpson

Sounds contradictory, I admit, but it’s an interesting concept and raises an interesting question: Do we always have to agree before taking action?

Pete Desrochers

Negotiation - Part 1

(4/27/17)Pete Desrochers

Focus and preparation are the muscles that will give us the perspective and control we need right from the starting gate.

John Sturrock

A Pop-Up Mediation: Multi-Party Dialogue Using Mediation Brexit: A Constitutional Crisis?

(4/21/17)John Sturrock

On the evening of Tuesday March 28th 2017, a pop-up mediation event on Brexit took place at the Grassmarket Community Centre in Edinburgh.

Steve Vondran

Vondran Tips for Mediation Success - Video

(4/09/17)Steve Vondran

Mediation provides parties (Plaintiff and a Defendant) with an excellent chance to settle their case. But you do not want to blow it and you want to make sure you are properly prepared to handle the case.

Joe Markowitz

Compared to What?

(4/07/17)Joe Markowitz

In my sometimes over-simplified way of looking at negotiated agreements, I have argued that the most useful way to evaluate a potential deal is to compare it to alternatives that are actually available.

Maria Simpson

The Third Side

(4/03/17)Maria Simpson

Sometimes “new” information on conflict resolution sounds like what we already know, but an existing idea can be reframed and sound new all over again.

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

(3/22/17)Nina Meierding, Jan Frankel Schau

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.

Phyllis Pollack

Too Much Information May Be Bad

(3/17/17)Phyllis Pollack

Often in negotiating, a party may make a monetary demand without providing any reasoning behind it.

Richard Barbieri

Out of Character? Maybe Not

(3/10/17)Richard Barbieri

The results of being pushed out of our character are numerous, and mostly bad. The outcome may be a wrecked mediation, or a more permanent wound in one of our core relationships.

Dan Simon

Social Networking Ain’t Transformative Mediation

(3/03/17)Dan Simon

Those people [who share your political perspective] are vile and despicable and should be ashamed of themselves!

Wayne Brazil

The Merits of Early Neutral Evaluation

(3/03/17)Wayne Brazil

I am a professional mediator – and a passionate devotee of its virtues. Mediation, however, can take many forms, depending on the individual needs of a particular dispute or its parties.

Ira Turkat

Harmful Effects of Child-Custody Evaluations on Children

(3/03/17)Ira Turkat

Child-custody evaluations have become commonplace in family-law disputes over living arrangements, parental decision-making, and time-sharing with offspring.

Mark Baril

The Conflict Calculator: Estimating the costs of conflict in a workplace team

(3/01/17)Mark Baril

This article discusses a tool for measuring the cost of workplace conflict, as well as the considerations that factored in to developing that tool.

Nicole Garton

Conflict Analysis & Intervention Selection for Parenting Coordinators: Strategies for Success

(2/28/17)Nicole Garton

This article provides background information on parental conflict and its consequences for children. Three conflict analysis models are presented to assist parenting coordinators to diagnose parental conflict and select effective intervention strategies.

Jason Dykstra

The Best Kept Secret of Successful Leaders

(2/24/17)Jason Dykstra

The moment Erin walked through the doors of her workplace, she made a beeline towards her office. She greeted a few people, even exchanged a few “how’s it going?” pleasantries.

Jeffrey Krivis

Can We Call a Truce? Ten Tips for Negotiating Workplace Conflicts

(2/21/17)Jeffrey Krivis

Whether two employees are fighting or a disgruntled client is on the verge of leaving, you—yes, you—can step in and help solve the problem. Here are some tricks of the trade.

Rachel Ryan

Happy Valentine’s Day Darling; Here’s a Prenup

(2/09/17)Rachel Ryan

The article addresses increased rates of divorce and important considerations for protecting one’s self and financial assets and the consequences of failing to do so.

See You in H*ll: Preparing for Mediation

(2/05/17)Adam Halper, Lauren Groetch

To arrive at a successful resolution in mediation, you have to work for it. Mediation is hard.

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