What Does A Mediator Do?
Edward P. Ahrens

Uniform Mediation Act
National Conference Of Commissioners On Uniform State Laws

Enforcing Agreements Made At Mediation
Michael P. Carbone

The Right Time To Mediate
Michael P. Carbone
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What Negotiators Ought To Know About Why People Do What They Do – A Review Of The Science of Settlement – Ideas for Negotiators
Stuart M. Israel
Barry’s book is practical, accessible and readable, and unique. It also is fun and funny. It will help you become a better negotiator.

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

Through Jazz, Bringing Mediation 'Fresh To Life'
Greg Katz
One day last week, a jazz trio let loose before a rapt audience with an improvised performance of Jerome Kern's 1933 standard, "Yesterdays."   2 Comments

Why Getting To Yes Is the Most Vital Journey We Face
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.

The Influence Of Culture On Negotiations In South Africa: An Attempt To Promote International Collaborative Dialogue And Research
Sharron K. Jenkins, Judy Rashid
In August 2007, two faculty persons traveled to South Africa to establish collaboration in the development of AIDS Online International (AOI), developed by Dr. Jenkins for college students in AIDS education, prevention, and behavioral research. This article describes the project and how culture influenced the negotiating practices and styles of the participants.

The Dirty, Risky Business of Negotiation: Ideology and the Risk of Appeasement
Robert Benjamin
Fighting has the edge over negotiation as the first inclination of most people when faced with conflict. Our human brain chemistry lubricates the preference for warfare and the use of force, while negotiation, by contrast, requires a willed, determined and conscious effort.   1 Comment

So You’ve Got a Beef. Now What?
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
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?   2 Comments

Thoughts on Mediation, Barack Obama, and Our Political Future
Kenneth Cloke
The emergence of Barack Obama as the front-runner for the Democratic nomination, and thus for the Presidency of the United States, presents us with unprecedented opportunities to influence global dispute resolution strategies and shift the prevailing paradigm of adversarial politics and diplomacy.   1 Comment

Negotiation Lessons from the Pawnshop
Jay Folberg
My resume is loaded with Alternative Dispute Resolution credentials: law school professor and then a dean; teaching negotiation and mediation for decades on several continents; writing books and dozens of articles; negotiating and mediating lawsuits with up to eight-figure payouts; and serving on umpteen advisory boards and “blue ribbon” commissions. But my resume is not the reason you should follow my advice about negotiation. The reason you should pay attention to what I have to say is that I am the son of a pawnbroker.   3 Comments

Bye Bye, Win-Win
Edward P. Ahrens
I previously played the iconoclast by suggesting that the “win/win” concept is falling on deaf ears. I have, however, now conceded that I nonetheless will continue to expound the win/win philosophy with hope that disputants will buy into it.   2 Comments

Of War and Negotiation: Part 3, The Allure of War: If You Want Peace, Study War
Robert Benjamin
Fighting, often including war---or flight, the avoidance of conflict, are the biological and emotional responses of animals and humans to a perceived threat or attack. Neuro transmitters fired in the brain correspond with feelings of fear or anger. Neuro-scientific studies strongly suggest that animals and humans are hard-wired to fight and there is a biological basis for the allure of war. By contrast, there is no corresponding neuro-biological inclination to negotiate.   1 Comment

Communicating Effectively During Conflict
Lynne Eisaguirre
When we’re arguing during a conflict, most of us are not listening; we are, as my son says, “just talking to ourselves.” Clearly, one of the most important conflict resolution skills is listening. In order to listen well, we need to prepare.

Without The Three Skills Necessary, You May Fail As A Conflict Management Practitioner
Rick Voyles
Conflict management consists of three different skill sets: communication skills, negotiation skills, and resolution skills. All three are necessary and indispensable elements for the conflict management practitioner.

Film Review: “John Adams” - The Reluctant Revolutionary and the Negotiation of the Declaration of Independence
Robert Benjamin
The difficult process and personal agonies that surround the unfolding of most significant human events seldom survive historical redaction and oversimplification. The story of the Declaration of Independence is an example of an event of great complexity has all too often been reduced to drivel more worthy of a fairy tale, or worse, twisted and contorted by politicians to suit their purposes. The quality of the writing and production of "John Adams" offers an important glimpse into the difficult negotiations behind the scenes that have been largely ignored, and the nature of leadership that was required. John Adams, who has not shared the limelight with the other 'founding fathers,' comes to life as he shifts from law protector to rebellious law breaker, and transforms from citizen to leader. Not your standard hero type in look, bearing or demeanor, it is fascinating to observe Adams, a self described, 'obnoxious' ideologue, learn to negotiate in critical times