Negotiation Section


Negotiation Articles


John Lande

Courts Should Make Mediation Good Samaritans not Frankensteins

(5/08/21)John Lande

Using a recent California appellate decision as a jumping off point, it identifies problems with mandatory mediation and recommends that courts use good dispute system design procedures to reduce risks of creating Frankensteins – mediation that produces injustices.

Laurie Israel

The Choreography of Mediation

(5/08/21)Laurie Israel

I’ve always thought of mediation as a process more akin to art than to science.

Alberto Elisavetsky

Artificial Intelligence, ODR, The Black Swan, and ...Imaginative Cells

(5/08/21)Alberto Elisavetsky, Maria Victoria Marun

This article discusses our concerns: how it has cost us and it is difficult for human beings to understand what are the steps we have to take in order to achieve the future.

Dr. Lynne C. Halem

Approaching Custody with Reason vs. Rancor

(5/08/21)Dr. Lynne C. Halem

No matter how a couple may approach questions involving parenting after divorce, the answers are never easily derived.

Richard Hurford

Are They Crazy? No, Just Human

(5/08/21)Richard Hurford

The strategies and practices neutrals pursue to meet the psychological behaviors of people in conflict are central to an understanding of the effectiveness of mediation and various negotiation techniques utilized by mediators in helping parties resolve their dispute.

Adrienne Baker

Online Dispute Resolution: Mediating in the Time of COVID-19

(5/08/21)Adrienne Baker

It’s clear that COVID-19 has catapulted Online Dispute Resolution (ODR) into the spotlight. In this universally stressful year, there is great promise for online mediation.

Art Hinshaw

Conflict Resolution Professionals as Politicians – Gary Friedman's Experience

(5/07/21)Art Hinshaw

Have you ever thought about how different things would be if high level conflict resolution professionals were more involved in politics?

Jennifer Shack

Eviction Mediation Insights from Two Successful Programs

(5/07/21)Jennifer Shack

As efforts ramp up to address the impending eviction crisis, I thought I’d revisit studies of two existing eviction mediation programs (in Minnesota and St. Louis) that were published last year.

Denise French

Cryptocurrency and Divorce

(5/07/21)Denise French

Naturally, as a Divorce Financial Advisor, I began thinking how these types of crypto assets were going to impact divorce settlements.

John Lande

We Should Replace Mediation Models with a Unified Conceptual Framework

(4/30/21)John Lande

A quarter century ago, Professor Leonard Riskin published an article describing a grid of mediator orientations including a facilitative-evaluative dimension.

Denise French

Mediation and Co-Parenting: Why It Works

(4/30/21)Denise French

As difficult as a divorce can be for a married couple, it can be just as upsetting and confusing for the children of the relationship.

Russ Bleemer

Modeling for the World: Five UN Agencies Pledge to Accept Mediation Requests

(4/30/21)Russ Bleemer

The United Nations this week took a big step in modeling conflict resolution for resolving workplace disputes.

Agnes Kaufman

An Alternative to Litigation – Mediation and the Impact of Non-Verbal Communication

(4/30/21)Agnes Kaufman

A skilled mediator will rely on his/her professional expertise to evaluate each mediation's participants and then proceed with the appropriate approach for each mediation session.

Progressive Discipline, the Misunderstood Frontier - Part 4

(4/23/21)Bruce Ally, Maurice Ford

Larger companies in the industry have access to formalized systems including human resources departments--what about others?

Michael Diliberto

An Offer You Can’t Accept

(4/23/21)Michael Diliberto

This article discusses pitfalls to avoid with settlement offers made under Code of Civil Procedure section 998.

Roseann Vanella

Divorce and Property Division: Am I Entitled to More Because my Spouse Ruined Our Marriage?

(4/23/21)Roseann Vanella

There are a lot of reasons why couples decide to get divorced. Financial troubles, lack of communication, continual arguing, unrealistic expectations, lack of intimacy, infidelity, and abuse are among the more common reasons why couples split up.

Consensus Instrument for Work Relationships

(4/23/21)Celeida Maria Celentano Laporta

In view of this article’s theme, which concerns the management of labor conflicts, we will focus in particular on the legal institute of mediation and its effectiveness.

Daya Naef

Bring Your Being

(4/23/21)Daya Naef

Mediation is the fine art of getting everyone on the same page. To do this, one must bring their whole being to the table, to be present, and to look past their own biases to see the real person on either side of the issue.

Juan Lattanzio

Mediation Within the Conscious Business

(4/23/21)Juan Lattanzio

The place of mediation in "the Conscious Business" proposed by executive coach Fred Kofman.

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?

Saasha Malpani

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

(4/16/21)Saasha Malpani, Chakrapani Misra

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

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