Negotiation Articles

Negotiation Articles


In Praise of (Good) Disagreements

(11/17/17)John Lande

As they say, if two people always agree, one of them is unnecessary.

An Overview of the New York Rules of Professional Conduct in the Context of Mediation

(11/17/17)Marcy Einhorn

In the spirit of Honest Abe, New York again celebrated Mediation Settlement Day on October 18 this year with a host of activities designed to promote mediation as a means of resolving disputes without going to court.

It Happened in Mediation - Believe It or Not

(11/10/17)Daniel Ben-Zvi, Michael Young

The authors have peeled back the protective cloak of confidentiality just enough to provide a glimpse of the wild, the unpredictable, and the utterly preposterous things that have happened in real mediations.

I Apologize For Suggesting It !

(11/10/17)Phyllis Pollack

Mediations and their participants never cease to amaze me.

Courts and Attorneys Aren’t Doing Enough to Inform Litigants about Their ADR Options

(11/10/17)Jennifer Shack

Donna Shestowsky at UC Davis School of Law has been researching the relationship between litigants and court ADR programs for quite a while.

The Case for a Fresh Approach to Commercial Cross-Border Mediation

(11/10/17)Gabor Farkas

In a world where international commerce and cultural exchanges continuously progresses, disputes are unavoidable. Solving these cross-jurisdictional disputes through litigation is painfully long.

ADR in the Regulation of Aged Care

(11/06/17)Shirli Kirschner

The role of ADR in the aged care sector has a chequered history with regulatory bodies and dispute resolution processes frequently changing in response to public concerns and budgetary considerations.

Go Back to the Future to Discover How Your Agreement Could Fail

(11/06/17)Tammy Lenski

When we’ve put in effort to solve a problem, we want our solution, decision, or agreement to have every chance at long-run success.

The Only Impartial Direction is Up

(11/06/17)Dan Simon

Here’s me trying to persuade another mediator that she’s not being impartial if settlement is her goal. I’m not going to be able to persuade her, but what do you think?

‘Think Like a Mediator’ Conflict Resolution Program at Rikers Island

(11/06/17)Mary Austin, Richard Brewster, Nina Martinez, Hillary Zilz

The article describes the authors’ experience teaching a six session course called “Think Like a Mediator” on conflict resolution to inmates at the women’s jail facility (the Rose M. Singer Center) at Rikers Island in New York City.

What Not to Say After Violence

(10/27/17)Ronald S. Kraybill

An Important Choice: What to Do and Say After Violence?

The One That Got Away

(10/27/17)Michael Jacobs

Mediation is great teacher.

Negotiation - Part 7

(10/27/17)Pete Desrochers

Many incorrectly associate “active listening” with aggressive listening, where we constantly search for a slip up or error upon which we can pounce.

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

(10/23/17)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.

A Grand Theory of Personality and Environment

(10/23/17)Peter T. Coleman

Ten big ideas on peace and justice from the career of Morton Deutsch. This is article six, focusing on social innovation.

Mediation Strategies: A Lawyer’s Guide To Successful Negotiation

(10/17/17)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.

Changing Your Direction in Conflict

(10/13/17)Cinnie Noble

What insight do you have into your conflict?

Bio-physiology and DR

(10/13/17)Shirli Kirschner

Studies of the human response to conflict have confirmed that at the level of our body the response is the same as the human response to stress.

Difficult Conversations Deplete the Brain’s “Processing Power”

(10/13/17)Tammy Lenski

Working memory is like a mental sticky note, cognitive workspace for holding and processing information relevant to whatever we’re doing or about to do.

Prevalence of Employment Arbitration is Measured

(10/13/17)F. Peter Phillips

Two recently released survey reports measure the pervasive use of arbitration to resolve workplace disputes.

What ADR Professionals Can Learn from Litigating Divorce Lawyers

(10/13/17)Larry Gaughan

Well over 90% of all divorce cases are resolved by agreements, but there are two divergent methods for negotiating those agreements.

Challenges to Starting an American Middle-Eastern Cross-Border Mediation Center

(10/13/17)Alia Ismail

Starting a cross-borders mediation center between the US and the Middle East requires interacting with professionals on both continents. Despite appearing differences within both cultures, it seems when programmed patterns are utilized, and no longer serve, professionals shift their behaviors to the total opposite.

Sunk Costs and the California Law Revision Commission

(10/06/17)Phyllis Pollack

On September 28, 2017, the California Law Revision Commission met to review the public comments it had received to its Tentative Recommendation (issued in June 2017) following its study to create an exception to mediation confidentiality (Study K-402).

Conflict Chat: Challenges In Working In A Gig Economy - Audio

(9/29/17)Stephen Kotev, Patricia Porter

Got Conflict? Are you a worker taking on short projects or “gigs?”

Expanding The Benefits of An Apology!

(9/29/17)Phyllis Pollack

On July 13, 2017, Hong Kong’s Legislative Council passed an Apology Law.

Click here for MORE ARTICLES





This site managed with Dynamic Website Technology from Mediate.com
Products and Services