Negotiation Section


Negotiation Articles


Michael Lang

Why Case Consultation/Reflective Practice Groups Matter for Mediators

(8/30/17)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.

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.

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.

Steven Goldman

Formula for Success

(8/03/17)Steven Goldman

This article deals with a formula for success in mediating and fostering positive interactions and outcomes: C + S + T – AR = SI, collaboration, plus synergy, plus teamwork, minus adversarial relationships, equals successful interactions.

Jie Zheng

Access to Information and Justice: Where does ODR lead us to?

(8/03/17)Jie Zheng

This is an article describing the 2017 Online Dispute Resolution Conference in Paris.

Jeff Thompson

Bill Richardson: America’s hostage negotiation strategy is broken

(7/28/17)Jeff Thompson

"The blame is theirs. The lesson for us is that America’s hostage negotiation strategy is broken."

Justin Kelsey

5 Tips for Adding Video to your Mediation Practice

(7/28/17)Justin Kelsey, Julie Tolek

As more services go digital, it is necessary for legal and mediation professional to follow the trend. Clients expect an equal level of convenience and access in purchasing legal and mediation services that is provided in other online services.

Robert Bergman

Increased Complexity of Commercial Disputes Requires a New Approach

(7/28/17)Robert Bergman, Jonathan Ewing

The cost of commercial litigation continues to rise, as a highly politicized world produces pervasive economic and policy uncertainty.

Charlie Irvine

Cooperation with a Competitor

(7/21/17)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."

Ron Kelly

California Mediation Confidentiality Will End, Unless…

(7/14/17)Ron Kelly

Mediation confidentiality in California will end on January 1, 2019...unless YOU take action now.

Phyllis Pollack

If Only…?

(7/14/17)Phyllis Pollack

Have you ever asked yourself, “What if I had taken a different route? Then I would not have been involved in the auto accident?”

Michelle Brenner

Culturally Competent Compassion in Mediation

(7/14/17)Michelle Brenner

What does culturally competent compassion mean? Is it knowing when and to whom, male or female a hand should be offered?

F. Peter Phillips

How Mediation Works: Theory, Research, and Practice - Book Review

(6/30/17)F. Peter Phillips, Stephen Goldberg

This is a review of Stephen Goldberg's book How Mediation Works: Theory, Research, and Practice.

Martin Svatos

WIN-WIN in Practice: Mediation Helping with Sports Disputes and Sports Disputes Helping Mediation

(6/30/17)Martin Svatos

Minor sport arbitration was heading towards rendering of an award which none of the parties would have been happy about.

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