Articles and Video:
The aim of this paper is threefold. First, to summarise some basic principles concerning negotiation; secondly, to reflect on the reasons why the last gap in negotiations is difficult to cross; and thirdly, to set out in problem solving fashion a number of methods or options to anticipate and cross the last gap. 1 Comment
Bargaining in the Shadow of the Tribe - Part 2 (08/13/13)
This article and these case studies discuss the outside influences in any dispute -- children, parents, coworkers, and even the other party's influences.
Bargaining in the Shadow of the Tribe (07/12/13)
There are a number of predictable hurdles faced by negotiators and mediators. One of these is the tendency of negotiators to say or raise suspicions that they do not have authority to settle. Rather they must first consult with influential outsiders or constituents.
What Do Our Clients Want? (06/13/13)
Our job as mediators is to serve our clients. We can hope that we are meeting that goal, or we can develop ways to check-in with our clients to ensure that we are serving them well. 2 Comments
Negotiating Beyond Agreement to Commitment (03/08/13)
This article speculates on rates of non-performance of different types of agreements; then sets out reasons for breach; and finally suggests a catalogue of methods to increase the durability of or commitment to negotiated agreements.
Teaching Conflict Management Courses: Part 3 (12/19/11)
This is the third in a 3-Part series that discusses the Dispute Resolution teaching profession. This section focuses on the "repeat" clients of students; and how to take care of them after they have finished the course.
Teaching Conflict Management Courses: Part 2 (12/05/11)
What follows are a few thoughts to prompt discussion among people involved in education in the field of conflict management. They are based on anecdotes and experience of the writer working in the DR field as a teacher, lawyer and mediator for several decades. This is the second in a three-part series, analyzing dispute resolution program uniqueness and career options. 2 Comments
Teaching Conflict Management Courses: Part 1 (11/21/11)
Professor John Wade takes an honest look at themes and challenges of teaching dispute resolution courses in this 3-part series. He begins by examining the cycles of change and the worldwide themes.
Evaluative and Directive Mediation: All Mediators Give Advice--Part 2 of 2 (10/24/11)
This article (the second in the series) describes the pros and cons of evaluative and directive mediation. 4 Comments
Evaluative and Directive Mediation: All Mediators Give Advice--Part 1 of 2 (10/03/11)
Debates have arguably matured in other professions such as health care, where tensions, competition, limited funding and research exist, sometimes helpfully, between surgical, chemical, psychological, exercise and do-nothing interventions. The writer suggests that as these ongoing similar mediation debates are unpackaged, the debates become more helpful, rather than fog and noise. 2 Comments
From John Wade (09/02/07)
Mediate.com has become the key one stop shop of freely shared ideas and resources in the conflict management field. Its founders have walked the talk of co-operation and encouragement of others.
Weaknesses of the Problem-Solving (or Facilitative) Model of Mediation (12/29/04)
The writer as mediator has used a problem-solving model of mediation on most occasions for 17 years. However, all models of “helping” overlap and have both strengths and weaknesses. 1 Comment
Representing Clients Effectively in Negotiation, Conciliation and Mediation in Family Property Disputes (08/02/04)
This paper argues that a major task for lawyers in family disputes, negotiations, conciliation and mediation, is to assist clients make wise decisions in the face of uncertainty. A short preparation model of five humble hypotheses is set out. This model is then applied to a fact scenario as an illustration.
The Representative At Mediation And Negotiation (05/13/02)
The potential advantages and disadvantages of representation provide a sobering challenge, to clients and representatives, to reflect upon the degree of involvement of a representative which will be helpful in each mediation. A competent mediator will want to brainstorm possible answers to this important question with each representative. 1 Comment
Smart Choices - A Practical Guide to Making Better Decisions (09/22/00)
Book Review by John Wade
Published by: (Boston: Harvard Business School Press, 1999) pp 244.
Negotiation and Mediation Concepts and Terminology (09/22/00)
Concepts and terminology come with any specialized territory, and negotiation and mediation are no exception. The Bond University Dispute Resolution Newsletter (Australia) offers the following definitions for a variety of terms.
The Transition of ADR to ADM (09/22/00)
Nomenclature in the dispute resolution world has gone through many transitions. There are at least four meanings of the term "ADR." The Bond Dsipute Resolution News examines each in turn, before considering ADM and its possible meanings.
Written Diagnostic Reports By Mediators (09/22/00)
Successful organisational mediators and consultants have been accustomed for decades to add a "reporting" step into the classical mediation process. The diagnostic report does not go as far as recommending a particular substantive outcome. The challenge is to add this tool to the tool-box and offer clear written reports for the "right" cases. This article expores the diagnostic report in detail, and includes an example for scrutiny.