Negotiation Section


Negotiation Articles


Laurie Israel

How to Mediate a Prenuptial Agreement

(6/14/17)Laurie Israel

Marriages can be damaged by a destructive prenup or by a harsh prenup negotiation process.

Michael A. Zeytoonian

The Case for Early Mediation; Part I of II

(6/09/17)Michael A. Zeytoonian

Before we talk about mediation and the value of early mediation, let’s start with two key questions to ask yourself about your dispute.

Dan Simon

How Can the Presence of a Mediator INCREASE Party Self-determination?

(6/09/17)Dan Simon

When discussing different forms of conflict intervention, the various processes are sometimes listed in order of increasing party control.

Sarah Cole

Model Standards of Mediator Conduct: Time for Revision?

(6/09/17)Sarah Cole

Is it time to revise the Model Standards for Mediators?

Phyllis Pollack

A Bully in Real Life

(6/02/17)Phyllis Pollack

Life’s lessons come when you least expect them, and my mediation training comes in handy at such unexpected times.

Gregg Relyea

Paradox in Mediation: The Wall of Pin Stripes And the Power of Self-Determination

(6/02/17)Gregg Relyea

This case of the "wall of pin stripes" provides an example of the paradox of mediation.

Joe Markowitz

Accountability

(6/02/17)Joe Markowitz

This article describes a process. The process the parties engaged in was so expensive and time-consuming that they felt abused by that system.

Pete Desrochers

Negotiation - Part 4

(6/01/17)Pete Desrochers

This article is the 4th in a series on Negotiation, entitled Strategic Negotiation.

Bernard Morrow

Study: Results Point to the Value of a Joint Session

(5/26/17)Bernard Morrow

The use of the joint session in mediation has been a hot topic of study and debate in recent years.

Eileen Coen

Need Help Getting Your Spouse to the Negotiating Table?

(5/26/17)Eileen Coen

What happens when you want to use mediation for divorce, but your spouse doesn’t? It’s a fairly common situation but not a hopeless one — so don’t give up before trying some tried and true strategies to bring them onboard.

Bruce Edwards

Chasing Dinosaurs

(5/26/17)Bruce Edwards

When I first began a career in mediation, almost thirty years ago, we often needed to convince others of the benefits of mediation.

Phyllis Pollack

A Real Case of Prisoner’s Dilemma

(5/22/17)Phyllis Pollack

One of the first things I learned about in game theory was the prisoner’s dilemma.

Greg Rooney

The Profound Apology

(5/22/17)Greg Rooney

An apology can be given on many levels from a general acknowledgement at one end of the spectrum to a profound apology at the other end.

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.

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.

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