(7/06/18)Michael A. Zeytoonian
One of the things we would find out very quickly through an employment litigation assessment was whether both sides were open, willing and able to exchange all relevant information in good faith about the facts in dispute right away.
My husband’s stay in the hospital has taught me a very basic lesson: knowing how to resolve disputes is a necessary tool in every aspect of life, especially in stressful situations such as hospital stays.
We are all capable of hating; but we are all capable of loving, as well.
Some of us have a pattern known as people-pleasing.
Dr. Ury says that in modern day conflict, where we seek to win at the expense of our adversary. In doing so, we invariably ensure mutual loss. “Instead,” he said, “The aim of modern day conflict resolution must focus on finding mutual gains.”
The metaphor of an iceberg has commonly been used as a metaphor about conflict.
Conflict is a big deal because it affects our two most basic values – strength of self and care of other.
The handbook doesn’t reflect a Western Perspective, rather it reflects a global perspective of mediation and that is the only way we can have a holistic view of mediation.
Understanding BATNAs is especially important in mediation because they provide disputing parties with power.
Interpersonal conflict is often deflating. Our egos, self-esteem, confidence, mood and other parts of us can all be negatively influenced when we are in dispute.
While some conversations result in “getting to yes”, others lead to clarity that no agreement is possible at that time.
The idea of civility must be built upon standards of conduct towards others and a willingness to accept the consequences for your words.
If we are able to consider that there is something good to see when a dispute causes us to feel dark and dim, we may be able to have a different and better relationship with conflict and ourselves within it.
What are dispute resolution clauses (DR clauses)?
Although our digital devices have certainly made life more convenient, they’ve also made it more fast-paced.
ODR can help address a problem often referred to as “access to justice” (A2J).
Several times in the past, I have discussed the need for each party to prepare for mediation for it to be successful.
Much has been written about the breakdown in public discourse and civil debate in the country.
While most of us forge friendships with like-minded people who affirm our strongly held beliefs, we don’t choose our colleagues.
Empathy, clearly an important part of crisis negotiation and intervention begins with understanding a person's perspective.
Coming into a role where you are expected to get others to work together efficiently and effectively to create the best possible product or service isn’t an easy task.
While typically we discuss the over confidence bias in the context of negotiations, trials and other non-life-threatening events, this bias applies to all situations.
Those of us who teach negotiation often focus on building rapport and being attentive to relational dynamics.
Team or organizational commitment: Which leads to better inter-team conflict management?
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In a wide range of disputes, counsel and their clients have increasingly turned to neutral analysis and evaluation.