Negotiation Section


Negotiation Articles


Robert Lenrow

Lawyer-Mediators: Time to Update your Mediation Agreement?

(12/01/17)Robert Lenrow

Answering mediation questions, such as: May lawyer-mediators providing mediation services through a company (not a law firm) use the designation ”Esquire” or “Esq.” after their names?

Barbara Allen

Attention Mediators in the State of Texas: Mandatory Training Required for Family Neutrals by January 2018

(12/01/17)Barbara Allen

To be qualified to serve as an impartial third party under Subchapter C, Chapter 154 of the Civil Practice and Remedies Code, additional training is required of Family Mediators and other third party neutrals on or before January 1, 2018.

John Lande

Lessons From the ABA's Excellent Report on Mediator Techniques

(11/27/17)John Lande

The ABA Section of Dispute Resolution Task Force on Research on Mediator Techniques recently released an excellent report really worth reading.

Tammy Lenski

4 Quick Techniques to Help You Think Straight in an Argument

(11/27/17)Tammy Lenski

When we feel overwhelmed by a difficult conversation, we can get emotionally swamped and lose access to our good conflict resolution, communication, and problem-solving skills.

Gerald Clay

The NFL Should Try Mediation First

(11/27/17)Gerald Clay

Recently, 12 NFL players and 11 owners met privately to discuss the controversy over players kneeling during the national anthem, without any resolutions or results. What they need is a better technique: Mediation.

John Lande

In Praise of (Good) Disagreements

(11/17/17)John Lande

As they say, if two people always agree, one of them is unnecessary.

Marcy Einhorn

An Overview of the New York Rules of Professional Conduct in the Context of Mediation

(11/17/17)Marcy Einhorn

In the spirit of Honest Abe, New York again celebrated Mediation Settlement Day on October 18 this year with a host of activities designed to promote mediation as a means of resolving disputes without going to court.

Daniel Ben-Zvi

It Happened in Mediation - Believe It or Not

(11/10/17)Daniel Ben-Zvi, Michael Young

The authors have peeled back the protective cloak of confidentiality just enough to provide a glimpse of the wild, the unpredictable, and the utterly preposterous things that have happened in real mediations.

Phyllis Pollack

I Apologize For Suggesting It !

(11/10/17)Phyllis Pollack

Mediations and their participants never cease to amaze me.

Jennifer Shack

Courts and Attorneys Aren’t Doing Enough to Inform Litigants about Their ADR Options

(11/10/17)Jennifer Shack

Donna Shestowsky at UC Davis School of Law has been researching the relationship between litigants and court ADR programs for quite a while.

Gabor Farkas

The Case for a Fresh Approach to Commercial Cross-Border Mediation

(11/10/17)Gabor Farkas

In a world where international commerce and cultural exchanges continuously progresses, disputes are unavoidable. Solving these cross-jurisdictional disputes through litigation is painfully long.

Shirli Kirschner

ADR in the Regulation of Aged Care

(11/06/17)Shirli Kirschner

The role of ADR in the aged care sector has a chequered history with regulatory bodies and dispute resolution processes frequently changing in response to public concerns and budgetary considerations.

Tammy Lenski

Go Back to the Future to Discover How Your Agreement Could Fail

(11/06/17)Tammy Lenski

When we’ve put in effort to solve a problem, we want our solution, decision, or agreement to have every chance at long-run success.

Dan Simon

The Only Impartial Direction is Up

(11/06/17)Dan Simon

Here’s me trying to persuade another mediator that she’s not being impartial if settlement is her goal. I’m not going to be able to persuade her, but what do you think?

Mary Austin

‘Think Like a Mediator’ Conflict Resolution Program at Rikers Island

(11/06/17)Mary Austin, Richard Brewster, Nina Martinez, Hillary Zilz

The article describes the authors’ experience teaching a six session course called “Think Like a Mediator” on conflict resolution to inmates at the women’s jail facility (the Rose M. Singer Center) at Rikers Island in New York City.

Ronald S. Kraybill

What Not to Say After Violence

(10/27/17)Ronald S. Kraybill

An Important Choice: What to Do and Say After Violence?

Michael Jacobs

The One That Got Away

(10/27/17)Michael Jacobs

Mediation is great teacher.

Pete Desrochers

Negotiation - Part 7

(10/27/17)Pete Desrochers

Many incorrectly associate “active listening” with aggressive listening, where we constantly search for a slip up or error upon which we can pounce.

Lee Jay Berman

13 Tools for Resolving Conflict in the Workplace, with Customers and in Life

(10/23/17)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.

Peter T. Coleman

A Grand Theory of Personality and Environment

(10/23/17)Peter T. Coleman

Ten big ideas on peace and justice from the career of Morton Deutsch. This is article six, focusing on social innovation.

Michael P. Carbone

Mediation Strategies: A Lawyer’s Guide To Successful Negotiation

(10/17/17)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.

Cinnie Noble

Changing Your Direction in Conflict

(10/13/17)Cinnie Noble

What insight do you have into your conflict?

Shirli Kirschner

Bio-physiology and DR

(10/13/17)Shirli Kirschner

Studies of the human response to conflict have confirmed that at the level of our body the response is the same as the human response to stress.

Tammy Lenski

Difficult Conversations Deplete the Brain’s “Processing Power”

(10/13/17)Tammy Lenski

Working memory is like a mental sticky note, cognitive workspace for holding and processing information relevant to whatever we’re doing or about to do.

F. Peter Phillips

Prevalence of Employment Arbitration is Measured

(10/13/17)F. Peter Phillips

Two recently released survey reports measure the pervasive use of arbitration to resolve workplace disputes.

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