Pre-mediation summaries give an advocate the latitude to set a non-adversarial tone conducive to joint problem solving
Having reviewed negotiation publications and listened to colleagues, I can confidently assert that most of us grossly misuse the term “BATNA.”
As a kid, I remember using the phrase “mind your own beeswax” – instead of mind your own business – as a reaction to others who were being nosy.
Finally discover how to quantify the direct and hidden Costs of Conflict.
The logic behind the time-out method is that if you remove the child from a fun surrounding when they do something wrong, then it will eliminate that behavior.
Researchers concluded that “‘People intuitively chose to become angry… They believed they would become more effective competitors.’”
Even though some would reasonably argue that compassion could make true reconciliation a possibility, what seems apparent is that compassion could at least reliably function as a detector that filters possible solutions from impossible ones.
The ABA Section of Dispute Resolution Task Force on Research on Mediator Techniques recently released an excellent report really worth reading.
As they say, if two people always agree, one of them is unnecessary.
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.
Some debates, arguments, and bickering go on and on, without leading anywhere (except to more frustration).
Mediations and their participants never cease to amaze me.
Donna Shestowsky at UC Davis School of Law has been researching the relationship between litigants and court ADR programs for quite a while.
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.
(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.
Many incorrectly associate “active listening” with aggressive listening, where we constantly search for a slip up or error upon which we can pounce.
This video discusses the history of arguing and ways to make it more effective.
(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.
One of the unexpected obligations as a lecturer in law at a major university is that I must participate in harassment prevention training. One topic caught my attention although it was barely mentioned: micro-affirmations.
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.
(10/06/17)Peter T. Coleman
Another big idea on peace and justice from the career of Morton Deutsch.
On September 28, 2017, the California Law Revision Commission met to review the public comments it had received to its Tentative Recommendation (issued in June 2017) following its study to create an exception to mediation confidentiality (Study K-402).
“From litigation to conflict resolution” describes what happens with most contested legal disputes; they tend to follow a trajectory from an adversarial to a more cooperative process.
The use of mediation in resolving consumer disputes has always been a subject of curiosity, generating much debate.
(9/29/17)Stephen Kotev, Patricia Porter
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