Negotiation Section


Negotiation Articles


Lorraine Segal

Does Your Work Culture Promote Psychological Safety?

(4/16/21)Lorraine Segal

Psychological safety is an important element in successful, productive work cultures. So what does that look like?

Denise French

5 Smart Financial Tips to Plan a Divorce

(4/16/21)Denise French

It can be easy to get so wrapped up in the details of the present you forget about what is next. Do not make that mistake!

Amy Robertson

How you Approach a Disagreement Matters

(4/16/21)Amy Robertson

Separation is challenging; going through a separation during a pandemic can be more challenging.

Jakob Vinther

The History of Mediation and Why It Is Still in Use Today

(4/16/21)Jakob Vinther, Thomas Todd

To understand mediation, you must examine the reason behind having a mediator.

International Patent Litigation and Mediation

(4/16/21)Richard Price

As many of you may know, mediation is not used as often as it should be to resolve international patent litigation. But is this also the case within the industry?

Amendments to the LCIA Mediation Rules, 2012 – Keeping Up with the Changing Times

(4/16/21)Saasha Milpani, Chakrapani Mishra

Mediation, in general, is a more informal and less widely used procedure than arbitration.

Colin Rule

Mediate is Top Ranked Mediation Website

(4/15/21)Colin Rule

Mediate.com is ranked the top mediation website by Alexa in its April 14, 2021 global website rankings. In business since 1996, Mediate.com has over 25,000 searchable mediation articles, blog posts, news items and videos and hosts the most utilized mediator directory in the world.

Phyllis Pollack

Trust and Rapport - ODR Style!

(4/10/21)Phyllis Pollack

One of the most important things a mediator must do- if not the most important- is to build trust and rapport with the parties. In pre-Covid days, this was a bit easier; the mediator could sit face to face with each party and schmooze.

Reflection as a Manifestation of Recognition Beyond Relational Weakness and Self-Absorption

(4/10/21)Robin Brzobohatý, Tereza Hanajová

While debriefing immediately after a co-mediation, an interesting question arose: “Does a reflection always have the same function regardless of the context?”

Paul Rajkowski

Shovel 3: The Big One

(4/09/21)Paul Rajkowski

In getting ready to continue digging up the return of Traditional Mediation, I read Rachel Gupta’s article on this site and I am grateful to her for writing it.

Carrie Gour

Using Text Messages and Emails in Mediation, Family, or Divorce Court

(4/09/21)Carrie Gour

A guide on best practices related to the collection and use mobile evidence and the software options available best suited to assist.

Kenneth Cloke

20 Ways to Improve UNFCCC Meetings and Climate Change Negotiations

(4/02/21)Kenneth Cloke

In preparation for the next international meeting on climate change in Glasgow in November 2021, it is important to begin thinking together, not only about outcomes, but ways of improving the process of meeting, discussing, and negotiating agreements on climate change.

Andrea Schneider

ADR & Activism Through Art - Maya Angelou and Frida Kahlo

(4/01/21)Andrea Schneider

This article focuses on creativity and negotiation role models.

Lorraine Segal

The Power of Gratitude

(4/01/21)Lorraine Segal

Why do you think so many people do not feel gratitude? How would you articulate why a simple emotion can be so elusive?

[PODCAST] ADR can be a “Win-Win” Solution for In-House Counsel

(4/01/21)Laura Abrahamson

In this podcast, Laura highlights how a well-crafted clause can be essential for an organization in achieving fair, resource-efficient outcomes, especially as courts continue to face backlogs.

Elle Rave

The Muddy Time

(4/01/21)Elle Rave

Some of us call it the muddy time. It’s the time in between the decision to divorce and when the actual divorce is made final.

Milan Slama

Questions and Questioning within the Conversational Framework

(3/26/21)Milan Slama

Mediators mostly focus on differences between open-ended and pointed questions, Yet, there is much more to questioning and question-asking than that.

Consumer Protection BC

The Singapore Convention on Mediation - Where’s Europe?

(3/26/21)Consumer Protection BC, Henneke Brink

International commercial mediation - what a settlement agreement can do.

Amanda Singer

How to Manage In-Laws Post Divorce

(3/25/21)Amanda Singer

When I got married, I found that one of the strangest transitions wasn’t to being newlyweds or calling him my husband but was more related to my new in-laws. I think that often in-laws, especially mothers-in-law, have gotten a bad rap in popular culture.

Marian Grande

Helping Kids Adjust to Life When Parents Go Through Divorce

(3/25/21)Marian Grande

If you are going through a divorce, one of the most significant concerns you may have is the effect it has on your children. 

Celia Caiuby

Affect in Methods of Dispute Resolution

(3/25/21)Celia Caiuby, Andrea Maia

The paper addresses affect in its philosophical aspect, proposing a rational reflection on the individual perceptions of each party involved in a conflict, in order to analyze how this affection influences the methods of dispute resolution.

Minson Vo

A Short Story: How My Friend Destroyed Their Bullies

(3/25/21)Minson Vo

When a friend told me how he overcame a bully, my curiosity peaked, and I asked him to show me how he defused a situation like that.

James Claxton

ODR Survey--Your response requested

(3/22/21)James Claxton

James Claxton is requesting your response to his ODR survey.

Frank Burke

Temporary or Partial Impracticability and Frustration of Purpose and Pandemic Affected Contracts and Leases

(3/19/21)Frank Burke

When the circumstances giving rise to the impracticality or frustration cease to exist, then Section 269 affords a party a reasonable time to resume performance.

David Ross

Annoy the Mediator at Your Own Risk: Negotiation Tactics and Missteps to Avoid, Part 2

(3/19/21)David Ross

In this post, I explore more aggravating, and avoidable, behaviors that may upset or undermine the mediator and the mediation process.

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