Negotiation Section


Negotiation Articles


John Lande

How Mediators Can Solve Tough Problems in Mediation

(12/06/21)John Lande

In a recent presentation to mediators in Michigan, I asked the audience to describe what was frustrating in their mediations.

Ronald S. Kraybill

Manage Your Storm Shift

(12/06/21)Ronald S. Kraybill

Manage Your Storm Shift - or it will manage you. Does your behavior in conflict change sharply when you get upset?

Chris Poole

[Podcast] CEO Leadership: A Conversation with Chris Poole on His Career and the Pathway Forward for JAMS

(12/06/21)Chris Poole

A podcast produced by Arbitrate.com features JAMS CEO Chris Poole reflecting on his time at JAMS, rising to industry challenges, trends, and the future of alternative dispute resolution.

Roseann Vanella

4 Tips to Make the Most of Your Divorce Mediation Process

(12/06/21)Roseann Vanella

Divorce mediation has great advantages over the aggressive and unpredictable process of divorce litigation.

The Challenges Women Face at Work and How Mediation Can Help

(12/03/21)Kate Sheppard

In this article, we will be discussing the challenges women face at work and how mediation can help.

Cinnie Noble

Your Gut Instincts and Conflict

(11/30/21)Cinnie Noble

Many of us have fine-tuned instincts that help guide us through challenges we face when we encounter situations and interactions that perplex us.

Lorraine Segal

Changing Hearts, Minds, and Behavior around Conflict

(11/30/21)Lorraine Segal

Before I start teaching a course or workshop about conflict management, I always tell my students that I have a modest goal for the class: to change their hearts, minds, and behaviors.

Beth Graham

The Impending Battle for the Soul of Online Dispute Resolution

(11/30/21)Beth Graham

In his journal article, Mr. Tiamiyu examines potential ethical considerations related to emerging online dispute resolution technologies.

Ann Marshall

Opening Offers in Negotiation

(11/30/21)Ann Marshall

Whether negotiating in a mediation or directly with an opposing party, everyone has to start somewhere—so where should you start a negotiation?

Sharon Kendrick-Johnson

Self-Determination in the Skilled Mediator

(11/30/21)Sharon Kendrick-Johnson

A mediator can enable the disputants’ exercise of their own self-determination, lessening the chances of the mediator exercising her/his own. 

Jacqueline Nolan-Haley

Mixed Mode Dispute Resolution Papers Featured at Fordham Conference

(11/30/21)Jacqueline Nolan-Haley

This panel had many highlights, including FOI Tom Stipanowich, who coined the term mixed-mode and who now refers to it as “lane-changing.”

Jean Sternlight

Mediate.com Great Reads Book Club - Jean Sternlight & Jennifer Robbennolt, with John Lande

(11/23/21)Jean Sternlight, Jennifer Robbennolt,, John Lande

An additional episode of Mediate.com's Great Reads Book Club with Prof. Jean R. Sternlight and Prof. Jennifer K. Robbennolt discussing their book "Psychology for Lawyers: Understanding the Human Factors in Negotiation, Litigation, and Decision Making" interviewed by Prof. John Lande.

Roseann Vanella

Why is Gray Divorce Becoming Increasingly Common?

(11/22/21)Roseann Vanella, Carmela DeNicola

A “gray divorce” occurs when a senior couple ends their marriage after years or decades of togetherness.

Bob Bordone

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

(11/22/21)Bob Bordone

Have you wondered how to control your emotions during a difficult conversation or how to stay calm during a difficult conversation?

Nicole Lance

Moving from Elder Frustration to Family Redemption: Book Review

(11/22/21)Nicole Lance

Provide insight about the developmental phase of elders, for the purpose of closing the communication gap and improving outcomes. Mediators can play a unique role by translating insights about elders’ developmental stage into actionable outcomes for everyone.

Betty Weinberg Elerin

Focusing on Alternative Dispute Resolution: A Conversation With Two JAMS Neutrals

(11/22/21)Betty Weinberg Elerin, Sherry Klein Heitler

Both of these accomplished women have handled thousands of cases in multiple areas of the law.

Caroline Antonacci

Virtual Mediation in Today’s World: A Pandemic Success Story

(11/22/21)Caroline Antonacci

When the legal profession began to experience the impact of the COVID-19 pandemic, I wondered specifically how it would affect alternative dispute resolution. I was not so concerned about arbitration.

Andre Oosthuizen

Using Questions for Enlightenment

(11/18/21)Andre Oosthuizen

It has frequently been said that negotiation is not an act of war, but a journey of discovery.

Caryn Cridland

How to Work Effectively with Your In-House Counsel

(11/16/21)Caryn Cridland, Mylene Chan

During the 2021 CPR International Conference, held online Oct. 6-7, CPR’s Young Leaders in Alternative Dispute Resolution Steering Committee presented “How to Work Effectively with Your In-House Counsel.”

Bryanna Rainwater

CPR International Conference Highlights: ‘Effects on Cross-Border Disputes After the Singapore Convention’

(11/16/21)Bryanna Rainwater

According to the Singapore Convention on Mediation’s website, the Convention is a “multilateral treaty which offers a uniform and efficient framework for the enforcement and invocation of international agreements resulting from mediation.”

Hetty de roji

Mediation in Art Law: A New Era with the CAfA?

(11/12/21)Hetty de roji, Sima Ghaffari, Amin Motamedi

This article examines the new process for Mediation before the Court of Arbitration for Art (CAfA).

Cinnie Noble

“When Patterns Are Broken, New Worlds Emerge”

(11/08/21)Cinnie Noble

The relevance of this quote by Tuli Kupferberg to interpersonal conflict may not be immediately evident. But, through my work as a conflict management coach, and in my own experience, I am aware that we tend to get into patterns about how we react to things that provoke us.

John Lande

What I'm Reading – Collateral Damage of War

(11/08/21)John Lande

War is the worst method of dispute resolution.

Martin Rosenfeld

Being Prepared

(11/08/21)Martin Rosenfeld

Here is a classic quote by Benjamin Franklin: “By failing to prepare, you are preparing to fail.”

N. Damali Peterman

Tips to Navigate Conflict in the World of Social Media

(11/08/21)N. Damali Peterman

As an alternative dispute professional whose job is to navigate conflict daily, I am often asked how I would handle certain situations. Recently, I was asked how to avoid engaging in social media battles.

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