Negotiation Section


Negotiation Articles


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

Accordingly, 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.

Catherine Gillespie

‘Emotional Agility’ as a Workplace Mediator

(9/03/20)Catherine Gillespie

A psychologically safe space must be offered and maintained if a participant is going to be invited to and chooses to explore any underlying drivers to their thoughts and behaviours which may have contributed to the formation or perpetuation of conflict with another.

Lisa Derr

Survey results: What Do Wisconsin Judges Think About Mediating Cases?

(8/31/20)Lisa Derr

A survey of judges provides some insight on the mediation landscape in Wisconsin.

Vanessa Rose

Using Assertive Communication as a Way to Prevent Conflict in the Workplace

(8/29/20)Vanessa Rose

Practicing effective communication is one of the most impactful ways to prevent conflict in the workplace.

Thoughts on Addressing Racial Injustice

(8/28/20)Richard Barbieri, Bernard Mayer, Richard Susskind

This work juxtaposes an announcement by AAA-ICDR with articles that promote dialogue to address racial: 1) Are We Ever Neutral?  Should We Be? 2) Staying with Conflict - Election Edition: A Conflict Practitioner’s Lens on the US Election 3) What's the Right Thing to do When You are Really Angry About What's Happening in America?

Gregg Relyea

Conflict During COVID--Combined Voices from all Seven Continents

(8/28/20)Gregg Relyea, Kenneth Cloke, David Bogan, Carla Marcucci, Hitoshi Suzuki, Adedoyin Rhodes-Vivour, Rory O'Connor, Andrea Maia

This article combines voices from all 7 continents as they discuss how COVID has affected the conflict resolution field around them.

Andrea Maia

Conflict Resolution in the Time of COVID-19--Voices from Seven Continents of the World: South America

(8/24/20)Andrea Maia, Gregg Relyea

This article discusses the "Community Spread" of Mediation in a Post COVID-19 World.

Phyllis Pollack

How is Your Attitude? It makes a difference!

(8/21/20)Phyllis Pollack

There is a saying among mediators: often at the start of a mediation, the mediator is the only optimistic person in the room. She is the only one who believes the matter will settle.

Dan Simon

Mediator’s Thoughts for Parents During the Pandemic

(8/21/20)Dan Simon

Divorce or separation is a big challenge in itself.

Lucia Kanter St. Amour

How Understanding Neuroscience Improves Mediation

(8/20/20)Lucia Kanter St. Amour

This Primer in Neuroscience, Emotions and how they impact decision-making, along with understanding the myth of rationality, can help mediators navigate difficult moments in mediation and steer parties towards a productive path.

Apologies and Alternative Dispute Resolution Utility in Medical Malpractice

(8/20/20)Ava Hacopian

Apologies for medical errors and poor medical outcomes are typically omitted from the practice of medicine in the classic tort malpractice approach to managing communication to the detriment of injured patients.

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