Negotiation Section


Negotiation Articles


Joy Rosenthal

Working with Financial Neutrals

(10/18/21)Joy Rosenthal

One of the hardest problems that a divorcing couple may face is how to divide up marital property.

John Peterson

How Much Money Does Mediation Save Companies?

(10/18/21)John Peterson

By turning their faces from the legal system, many companies have saved fortunes in the money and time that legal proceedings require.

Christopher Keele

Health Systems and the Benefits of Early Dispute Resolution

(10/18/21)Christopher Keele

Recognizing Common Internal Issues That Often Escalate Into Disputes and How ADR Can Help.

Gizem Alper

“Double Hatting” under Med- Arb: A Comparative Analysis

(10/18/21)Gizem Alper

Over the past few years, the concept of blending mediation with arbitration has attracted attention in the international arbitration community.

The Surge in Workplace Disputes Under Disability Discrimination Laws: Good News or Bad News?

(10/18/21)Stephen Sonnenberg

I have been wondering—as we are well into our second year of the pandemic—whether the relationships between employees with disabilities and their employers are changing in unanticipated ways.

Marian Grande

Domestic Violence and Family Mediation

(10/14/21)Marian Grande

Domestic violence is a prevalent problem in Canada. Unfortunately, family violence is a genuine reality for many families.

Veera Mahajan

Do You Love Yourself Enough So No One Dares to Hurt You?

(10/14/21)Veera Mahajan

This article is a mantra for those who are navigating difficult conflicts.

Xavier James

Managing and Resolving Conflicts in Remote Teams

(10/14/21)Xavier James

Handling remote teams can become quite a challenging task at times, especially when a conflict arises.

Strathclyde Mediation Clinic: A decade of dedication to mediation in Scotland

(10/11/21)Charlie Irvine, Jonathan Rodrigues

The Mediation Clinic attached to the University of Strathclyde (“The Mediation Clinic”) in Glasgow, Scotland, recently won the ‘Community Contribution Award’ at the Scottish Legal Awards 2021. This is an article discussing the program.

Charlie Young

Transcendent

(10/08/21)Charlie Young

I’ve been fortunate to be a part of mediations where there have been healings and complete changes of heart among the parties. What are the commonalities?

Bob Bordone

What are the Qualities of a Good Mediator? - video

(10/07/21)Bob Bordone

Have you ever asked yourself, what are the qualities of a good mediator?

Sharon Kendrick-Johnson

ERRR On the Human Side of Mediation Encompassing Empowerment, Recognition, Reflection and Respect

(10/06/21)Sharon Kendrick-Johnson

This article is an open invitation to the Opposing Party.

Giovanni Matteucci

Mediation and Business Crisis in Italy, 2021. Where's the training?

(10/01/21)Giovanni Matteucci

On August 25, 2021, Law decree 118/2021 came into force concerning the prevention/management of business crisis. A crucial aspect has been neglected, the training in negotiation and mediation techniques.

Bellwether Mediations As An Alternative To Bellwether Trials

(10/01/21)Diane Welsh

Conceptually, the goal of bellwether mediations is the same as that of its counterpart (a trial): to develop an objective way to value a disparate set of cases to facilitate settlement.

Cinnie Noble

"Never Ruin an Apology with an Excuse"

(9/27/21)Cinnie Noble

This quote by Kimberly Johnson is a good one to consider when it comes to asking forgiveness, giving an apology, and otherwise trying to make amends.

Christopher Nolland

Overcoming The Sunk Cost Fallacy and Its Untoward Impact on Settlement Dynamics

(9/27/21)Christopher Nolland

"I’ve spent over $300,000 in legal fees and two years of my life to get here. Obviously, my lawsuit must be worth more than my investment in money, time, energy, stress, and opportunity costs."

Paul Rajkowski

SHOVEL 5 - Whose Fear is it Anyway

(9/22/21)Paul Rajkowski

Somewhere along the mediation trail, process change appeared. This change became a big drift from traditional mediation and led to the shuttle system.

Daniel Rainey

Why Have a Disclosure Protocol for Mediation?

(9/21/21)Daniel Rainey

I’ll describe the process we’ve used and report on the status of the Universal Disclosure Protocol for Mediation (UDPM), but first let me address the fundamental question that prompted us to begin work in the first place: why do we need a universal protocol for disclosure in mediation?

Ron Supancic

Dance of Opposites - Book Review

(9/18/21)Ron Supancic, Kenneth Cloke

The Dance of Opposites, a new book by Dr. Kenneth Cloke, will change your life. You will never view conflict the same way again. If you only read one more book on the theory & practice of Conflict Resolution, make it this one.

Mary Salisbury

Preparing and Paying for QDROs in Divorce

(9/17/21)Mary Salisbury

The responsibilities of a plan administrator include reviewing QDROs or DROs and then distributing the funds to the non-plan participant spouse once they have approved the order--which become difficult in a separation.

Naveed Khan

Conflict in the Workplace – Mediation Can Make Your Team More Efficient

(9/17/21)Naveed Khan

Conflict in the workplace is inevitable when people with different values and opinions come together.

Robert Benjamin

Game Playing in Negotiation: Evolutionary Purpose and Necessity---Machiavelli's Place At the Table

(9/15/21)Robert Benjamin

While often dismissed as irrational, disingenuous, unethical or “Machiavellian,” game playing strategies and devices are a natural and necessary part of the negotiation and mediation of difficult issues and controversies.

Sneha Vardhani

What Challenges Should the Proposed Mediation Act of India Address?

(9/15/21)Sneha Vardhani

Recently, the Supreme Court of India, admitting that there is ‘a dire need to enact Indian Mediation Act..’ created a Committee to draft a separate legislation for administration of mediation proceedings across the country.

Kenneth Cloke

The Limits of Mediation

(9/13/21)Kenneth Cloke

It is difficult to understand anything fully until we recognize its limits -- the places where it falls apart, or miraculously comes together -- where it begins and ends, or transforms into something entirely different.

Kenneth Cloke

Mediation and the Language and Culture of Politics

(9/10/21)Kenneth Cloke

One of the principal difficulties with political conflicts is that, in addition to disagreements over ideas, facts, proposals, beliefs, and values, there are significant differences in the languages we use to describe ourselves, our opponents, and the issues that divide us; as well as in the disparate cultural norms, expectations, myths, assumptions, and ways we attribute meaning to political ideas and assertions.

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