Negotiation Section


Negotiation Articles


Debbie Smith

10 Things to Consider Before Signing a Prenuptial Agreement

(9/14/17)Debbie Smith

So you need to determine things to consider before signing a prenuptial agreement and don’t know where to start?

Tammy Lenski

Join the Resistance

(9/08/17)Tammy Lenski

When we notice resistance, a typical response is to try persuading them out of their resistance.

Richard Posell

How ADR Can Help Keep Confidential Agreements Confidential

(9/08/17)Richard Posell

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.

Peter T. Coleman

When Does Conflict Move in a Good or Bad Direction?

(9/07/17)Peter T. Coleman

We should work hard to approach conflicts as mutually shared problems.

Joshua N. Weiss

Mastering the Art of Negotiation - Book Review

(9/06/17)Joshua N. Weiss

This is a book review by Joshua Weiss of the book Mastering the Art of Negotiation.

Phyllis Pollack

The Power of Silence

(9/01/17)Phyllis Pollack

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."

Larry Gaughan

Using ADR Ideas to Negotiate Divorce Agreements

(9/01/17)Larry Gaughan

In negotiating a divorce agreement, it’s important to understand how the spouses negotiated with each other during their marriage.

Michael Toebe

When a Dispute "Win" May Prove Shortsighted

(9/01/17)Michael Toebe

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?"

Joy Rosenthal

I Hear You

(9/01/17)Joy Rosenthal

“I hear you.” Listening is a very simple act.

Melanie Frizzell

The Role of Emotional Intelligence in HealthCare: Bridging the Gaps of Communication

(9/01/17)Melanie Frizzell

The goal of this article is to provide tools for health care employees and employers to support everyone acting with greater emotional intelligence.

Meriam Al-Rashid

Arbitration: Third Party Funding Developments in Asia

(9/01/17)Meriam Al-Rashid, Diora Ziyaeva

As practitioners and clients alike are well aware, international arbitration is not without its risks.

Larry Susskind

Big Data, Urban Science and the Search for New Ways of Improving Life in the City

(8/25/17)Larry Susskind

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?

Lorraine Segal

Civil Conversations with “the Enemy”—A Tool for Working through Conflict

(8/25/17)Lorraine Segal

How can you have a civil conversation with people you think are absolutely wrong, even evil?

Beth Graham

Online Arbitration as a Remedy for Crowdfunding Fraud

(8/25/17)Beth Graham

In his journal article, Professor Bradford discusses creating a simplified online arbitration remedy to be used in situations where crowdfunding fraud has occurred.

Michael Lang

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.

Shirli Kirschner

Access to Justice and ADR

(8/18/17)Shirli Kirschner

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

Peter T. Coleman

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

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

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

Steven Platt

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”.

Pete Desrochers

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.

Elizabeth Bader

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.

Andrea Maia

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?

Lee Jay Berman

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.

Phyllis Pollack

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.

Maria Simpson

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.

Joy Rosenthal

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.

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