Negotiation Section


Negotiation Articles


Clare Fowler

Because Mediators Deserve a Personality Test Too

(10/18/20)Clare Fowler

This is a personality test, just for those in the dispute resolution field. Because mediators deserve a personality test too.

The Singapore Convention and the JAMS/SCMC Joint Mediation Panel

(10/16/20)Gary Birnberg, Ranse Howell

This article discusses new opportunities for cross-border mediation, collaboration and dialogue.

Beth Graham

Evaluating Mediation’s Future

(10/16/20)Beth Graham

In her journal article, Professor Archerd advocates for using facilitative techniques to distinguish mediation from other alternative dispute resolution mechanisms.

Mediated Settlement Agreements in India - To Enforce or Not ?

(10/09/20)Ved Thakur, Yash More

Article 30 of the UNCITRAL Model Law on International Commercial Arbitration encourages resolution of disputes through a settlement between parties by way of mediation.

Lorraine Segal

Fight or Flight & Other So-So Responses to Conflict

(10/09/20)Lorraine Segal

Fight, Flight, Freeze—that what neurobiologists say are our ancestral (and current) unconscious response choices in a threatening or conflict situation.

Heather Kennedy

Creating Accessible Mediation

(10/09/20)Heather Kennedy

This paper summarizes legal and ethical reasons for accessible meditations and provides a summary of how to accomplish this goal.

Alnoor Maherali

Why We Caucus

(10/09/20)Alnoor Maherali, Ehsan Ali

To come together, sometimes we need time apart.

October Month of Conflict Resolution Week 2: Featuring 4 Peacebuilding Think-Tanks Across the World

(10/09/20)Anupriya Kukreja

As part of our special series for Conflict Resolution Month this October, this is our second article where we have highlighted the following research institutes and think tanks across the world.

Ronald S. Kraybill

Use Silence in Facilitating

(10/02/20)Ronald S. Kraybill

What can a facilitator do with an extremely persistent person, who refuses to stop interrupting others in mediating or facilitating?

Clare Fowler

Mediate.com Survey: Analyzing the Field

(10/01/20)Colin Rule, Clare Fowler, Sharon Woodhouse

Mediate.com asked 300 dispute resolution professionals 7 questions about the field. Initial results are here.

Ronald S. Kraybill

When People Interrupt

(9/30/20)Ronald S. Kraybill

The problem we saw in the recent residential debate is familiar to any mediator: How do you keep angry people from interrupting each other?

Talking It Out- The Problem With, And In Rural Areas

(9/28/20)Aavieral Malik

It is a duty, I believe, on the part of those who belong to the legal fraternity, to do the needful to disseminate the same by participating and organizing legal awareness drives, so that in the long run, the scope of alternate dispute resolution not only looks good in the black and white text, but also as being applied and implemented in its practical sense to reduce the load on our already over-loaded judiciary, and also to aid in the speedy settlement of disputes and better the access to justice.

Orit Asnin

Mediation as a Business Accelerator

(9/25/20)Orit Asnin

This article discusses how mediation can help business, an inspiring example from The Middle East.

Lucia Kanter St. Amour

Secrets in Plain Sight

(9/25/20)Lucia Kanter St. Amour

Secrets in Plain Sight

Rachel Gupta

Employment Litigation: 3 Instances Where A Company Should Explore Mediation

(9/25/20)Rachel Gupta

A blanket “no settlement” policy may not be in the best interests of the company’s bottom line. There are three instances where companies should put aside their instinct to litigate and explore mediation.

Gary Clayton

Culture and Religion, Evaluating Mediation Approaches: A Case Study

(9/18/20)Gary Clayton

This document will analyze a conflict scenario with respect to the conflict’s candidacy (suitability) for mediation.

Pitamber Yadav

Mandatory Course on Mediation for Law Students in India

(9/17/20)Pitamber Yadav

Is mandatory mediation training in India too late?

Hadassah Fidler

What Brad Pitt and Angelina Jolie Can Teach Us About the Neutrality of the Mediator

(9/15/20)Hadassah Fidler

Pitt and Jolie's divorce has taken a long time, filed for in 2016, although divorced in 2019 their agreement regarding child custody and financial assets is still ongoing.

Tony Guise

Max Schrems strikes again! Where next for Mediation Service Providers and their mediators?

(9/15/20)Tony Guise

Examines the outcome of the CJEU’s decision known as Schrems II from the perspective of mediation service providers and mediators. Proposes practical steps in which the results of Schrems II may be addressed. Reviews the emerging responses of Data Protection Authorities in Europe and the USA.

Amy Robertson

How to Choose a Divorce Mediator

(9/14/20)Amy Robertson

Mediator fit is really important.

Marian Grande

Family Mediation vs Family Litigation

(9/12/20)Marian Grande

Many people assume that the only way to resolve a family law matter is to retain counsel and commence a Court action. This is a wrong assumption.

Laura Athens

The Role of Restorative Practices in Effectively Addressing Gender Discrimination and Harassment in the Workplace

(9/11/20)Laura Athens

Numerous federal and state laws prohibit gender discrimination and harassment in the workplace. Under Title VII of the Civil Rights Act of 1964 and state antidiscrimination statutes, an employer must not impose adverse employment actions or otherwise discriminate against individuals based on gender.

Leyla Balakhane

What Are The Steps In The Mediation Process?

(9/08/20)Leyla Balakhane

Before couples decide the best course of action when separating, it is helpful to know the essential steps of the mediation process.

Michael Jacobs

The Paradox of Pain in Mediation

(9/04/20)Michael Jacobs

Pain is a mixed blessing in mediation.

Judy Rashid

Racial Justice Conflict: How “Historical” Racial Symbols Shape Perception, Practices, and Policy

(9/03/20)Judy Rashid

As the world continues to grapple with racial injustice and unrest as masses of people from all ethnicities protest in the streets, this article examines the subliminal influence of historical racial symbols and practices namely, statues and monuments, slave plantation sites and tours, market houses where slaves were sold, and street names that bear the scars of slavery.

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