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Category: Negotiation

Three Questions That Can Transform Conflict Conversations author.

Three Questions That Can Transform Conflict Conversations

Conflict engagement often requires disciplined inquiry into how people defend and sustain their competing realities. In facilitation, mediation, and negotiation,...

By John Potter
Mediation, Neutrality, Tyranny, and Resistance (Revised) author.

Mediation, Neutrality, Tyranny, and Resistance (Revised)

“The death of human empathy is one of the earliest and most telling signs of a culture about to fall...

By Kenneth Cloke
Empathy and the Art of Tracking: How Mediators Follow the Trail of Emotion author.

Empathy and the Art of Tracking: How Mediators Follow the Trail of Emotion

"I don't know where we are going, but I know exactly how to get there." —Master Tracker Rhenius This paradox...

By John Ford
Neutrality, Truthfulness, and Trust: What ABA Formal Opinion 518 Teaches Mediators About Their Role—and Their Word author.

Neutrality, Truthfulness, and Trust: What ABA Formal Opinion 518 Teaches Mediators About Their Role—and Their Word

Introduction: Why This Opinion Matters Now  Mediators routinely operate at the intersection of law, psychology, and negotiation. In court-connected mediation—particularly when one or...

By Robert Wright
How to Negotiate Like the Adult You Want to Be with Andrea Kupfer Schneider author.

How to Negotiate Like the Adult You Want to Be with Andrea Kupfer Schneider

Republished with permission by: Will Work For Food Our special guest this week, Andrea Kupfer Schneider, Professor of Law and Director...

By Andrea Schneider, Jeff Kichaven, Natalie J. Armstrong-Motin, David Shraga, Jean Lawler
The Mediator’s Ethical and Strategic Imperative: Navigating Accusations of Untruth in Dispute Resolution author.

The Mediator’s Ethical and Strategic Imperative: Navigating Accusations of Untruth in Dispute Resolution

Executive Summary When a party in mediation claims, "You're lying," a mediator's role is not to serve as a judge...

By Ed Timken
The Peacemaker’s Paradigm: A Guide to Advanced Mediation Advocacy for Attorneys author.

The Peacemaker’s Paradigm: A Guide to Advanced Mediation Advocacy for Attorneys

Summary: This article explores the fundamental shift in legal practice from an adversarial litigation model to a collaborative mediation advocacy...

By Ed Timken
Conflict’s Impact: the REM and the RAM – article and podcast author.

Conflict’s Impact: the REM and the RAM – article and podcast

Podcast here: Our work computers were recently switched so that we all have the same style - great for security...

By Clare Fowler
The Lawyer: A Strategic Ally in Business Mediation author.

The Lawyer: A Strategic Ally in Business Mediation

I often find that companies using mediation are often accompanied by their legal advisers. On this matter, there are different...

By Jorge Miralles Andress
Mediation: The Go-To for AI Legal Disputes author.

Mediation: The Go-To for AI Legal Disputes

By: Lisa Romeo, Vice President, AAA-ICDR Commercial Division As artificial intelligence (AI) continues its rapid integration into all aspects of...

By Lisa Romeo
RPS Coach is Biased – And Proud of It author.

RPS Coach is Biased – And Proud of It

We all know that it’s bad to be biased, right? Wrong. That assumption is its own bad bias. Biases are...

By John Lande
Free Mediation, Negotiation, Client Counseling & Arbitration Simulations for Teaching author.

Free Mediation, Negotiation, Client Counseling & Arbitration Simulations for Teaching

Dispute Resolution scholar Marjorie Corman Aaron has made freely available her full collection of Negotiation, Mediation, Arbitration, and Client Counseling...

By Colin Rule
The Artificially Intelligent RPS Negotiation and Mediation Coach author.

The Artificially Intelligent RPS Negotiation and Mediation Coach

Until January 27, I hadn’t planned to develop an AI tool for dispute resolution . That changed when I Zoomed...

By John Lande
What’s the Matter with BATNA? author.

What’s the Matter with BATNA?

You probably teach students or train practitioners about BATNA – everybody loves BATNA. You may think you understand it correctly....

By John Lande
The Power of Mediation: How Negotiation Skills Help Lawyers Resolve Criminal Matters author.

The Power of Mediation: How Negotiation Skills Help Lawyers Resolve Criminal Matters

Mediation and negotiation are frequently thought of as methods for settling civil disagreements, but their importance in the criminal justice...

By Neha Thakur
The Secret Weapon of Empathy author.

The Secret Weapon of Empathy

  Dear friend, Empathy might not be the first thing that comes to mind when you think about negotiation, but...

By John Lowry
Competing, Accommodating or Compromising – Which Defines You? author.

Competing, Accommodating or Compromising – Which Defines You?

Competing, accommodating, and compromising all fall on the distributive dimension — on the diagonal from the upper-left mode to the...

By Ralph Kilmann
AI’s Double-Edged Role in Dispute Resolution: Insights From a Simulated Mediation author.

AI’s Double-Edged Role in Dispute Resolution: Insights From a Simulated Mediation

Recently practitioners, scholars and enthusiasts of alternative dispute resolution gathered—virtually and in person—at a JAMS Resolution Center to examine one...

By Giuseppe dePalo
Stephen B. Goldberg Memorial: A Pioneering Legacy in Mediation and Dispute Resolution author.

Stephen B. Goldberg Memorial: A Pioneering Legacy in Mediation and Dispute Resolution

The global community of mediators and dispute resolution professionals mourns the passing of Stephen B. Goldberg, a trailblazer in Alternative...

By Stephen Goldberg, Jim Melamed
How to Stay Calm During Difficult Conversations (like at Thanksgiving!) author.

How to Stay Calm During Difficult Conversations (like at Thanksgiving!)

Bob Bordone Teaches You How to Stay Calm During a Difficult Conversation Have you wondered how to control your emotions...

By Bob Bordone
Civility as Smart Advocacy author.

Civility as Smart Advocacy

If Shakespeare were a lawyer, he might have written, “To be, or not to be: that is the question: Whether...

By Michael Diliberto
Game Playing in Negotiation: Evolutionary Purpose and Necessity—Machiavelli’s Place At the Table (Article & AI Podcast) author.

Game Playing in Negotiation: Evolutionary Purpose and Necessity—Machiavelli’s Place At the Table (Article & AI Podcast)

 Listen to the NotebookLM Podcast of this Article: Summary: While often dismissed as irrational, disingenuous, unethical or “Machiavellian,” game playing...

By Robert Benjamin
The Natural History of Negotiation and Mediation:  The Evolution of Negotiative Behaviors, Rituals, and Approaches (Article & Podcast) author.

The Natural History of Negotiation and Mediation: The Evolution of Negotiative Behaviors, Rituals, and Approaches (Article & Podcast)

Listen to a NotebookLM AI podcast about this article: Overview Since the end of World War II, in which the...

By Robert Benjamin
The Adjusted Winner Procedure: History, Application, and Future Prospects author.

The Adjusted Winner Procedure: History, Application, and Future Prospects

The Adjusted Winner (AW) procedure is a conflict resolution mechanism designed to ensure a fair and equitable division of assets...

By Robert Bergman, Jason Bergman
Navigating a Difficult Boss: Strategies and Solutions author.

Navigating a Difficult Boss: Strategies and Solutions

Introduction Dealing with a difficult boss can be one of the most challenging aspects of professional life. Whether it's a...

By Debra Dupree
Challenges to Starting an American Middle-Eastern Cross-Border Mediation Center author.

Challenges to Starting an American Middle-Eastern Cross-Border Mediation Center

A Question of Setting Boundaries and Taking Calculated Risk Starting a cross-borders mediation center between the US and the Middle...

By Alia Ismail
Mastering Mediation: Striking The Balance Between Negotiation, Skillful Communication and Constructive Facilitation Techniques for Successful Outcomes author.

Mastering Mediation: Striking The Balance Between Negotiation, Skillful Communication and Constructive Facilitation Techniques for Successful Outcomes

Introduction Mediation, like negotiation, is an art form. It requires a delicate balance of skillful strategy, empathy, and communication expertise....

By Carmen Reyes Wolfe
Harmonize Gracefully author.

Harmonize Gracefully

This article was first published on the Style Matters blog. Don't you love it when somebody readily agrees to do things your way? ...

By Ronald S. Kraybill
The Emotional ChatGPT author.

The Emotional ChatGPT

This article was first published on the PGP Mediation Blog. Recently, the Harvard Program on Negotiation posted a blog about “Emotional Intelligence as...

By Phyllis Pollack
13 Holiday Tips from Canada’s Conflict Resolution Professionals author.

13 Holiday Tips from Canada’s Conflict Resolution Professionals

1) ANTICIPATE AN EMOTIONAL SLEIGH RIDE As local therapist, Alyson Jones, writes: “If we want to prepare for a meaningful...

By Walter Brynjolfson

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