Negotiation Section
Negotiation Articles
Practical Tips for Presumptive ADR Participants: Five Do's and Don'ts for Pre-Mediation Statements
In light of backlogs resulting from closures due to COVID-19, many courts are turning to presumptive ADR programs.
Progressive Discipline, the Misunderstood Frontier - Part 3
Given this is our third article in this series the reader is reminded in our previous article we examined the overreaction on the manager’s part to disciplining employees. The focus of this article is to examine some of the challenges associated with training the management staff and agents.
Insurrection, Demagoguery, and the Mediation of Political Conflicts
Following the “insurrection,” “putsch,” or “attempted coup” in Washington D.C., on January 6, 2021, and the subsequent acquittal of President Trump on impeachment charges, we find ourselves facing extremely significant and difficult, yet very different political conflicts and challenges from those we faced before.
Weaving Our Tapestries
The tapestry of understanding cannot be woven by one strand alone.
Why Mediation Fails
The process of mediation, the opening of how to meet the people, how to engage with them, how to listen to them, how to manage them, how to explore them, how to take them closer to the resolution and how to get to the settlement from the horse’s mouth.
Mediating Workplace Sexual Harassment: The Road Less Taken
This piece on mediating workplace sexual harassment cases provides an overview of what the mediation process would entail, the advantages of mediating such cases, and a brief discussion about the Indian perspective as regards workplace sexual harassment.
Domestic Harmony For Better Future Of Our Children
I remember standing by the wall with my brothers and crying while my father was beating my mother.
Line in the Sand
You have likely heard the metaphor about drawing a line in the sand, and might have used it yourself to set boundaries.
Have Empathy like Eleanor (and be Perceptive like Princess Diana)
My next examples of negotiation skills come straight from the pandemic–and by that I mean watching television for hours during the pandemic!
CPRAM21: Committing to More Diversity in ADR
If you missed the 2021 CPR Annual Meeting in January—the first free public meeting held online in the organization’s 40-year history—the videos are being posted on CPR’s YouTube Channel.
Courage is a Choice
It is a choice to be courageous in family conflict, and an important one.
How Do We Tell our Friends We’re Getting a Divorce?
Recently I had a client ask me, “How do we say to our friends we’re getting a divorce?”
CON·FLICT
This article discusses the importance of sticking your neck out during conflict.
Using Mediation to Develop a Prenup that Satisfies Both Parties
My last mediation of 2020 was for a prenuptial agreement, and to me it was kind of a sign of hope for the year to come.
Adversarial Ethics and the Responsibilities of Mediation Associations
Adversarial ethics, or the ethics of competition, are an unfortunately overlooked field of moral philosophy.
A Tale of Two Pilots: A comparison of civil justice innovation in New York State and England & Wales
Two recent announcements of pilot programs on either side of the Atlantic bring in to sharp focus steps being taken to bust the Backlog of civil cases in two jurisdictions.
Ways to Practice Building Your Emotional Intelligence
Emotional intelligence (EQ) plays a major part in negotiation.
Why are LGBT+ Employees Still More Likely to be Involved in Workplace Conflict?
New CIPD research suggests that more than four in 10 LGBT+ employees have experienced workplace conflict in the past year.
Keeping the Marital Home in Divorce and Pitfalls for the Unwary
In most marriages there is a marital home/the kids' childhood home and it’s often the largest asset--and the largest source of conflict.
How to Find Help From Domestic Violence
This article looks at how to prevent violent conflicts, especially while quarantined.
Lawyers are from Mars, Clients are from Venus– and Mediators Can Help Communicate in Space
Litigation often is extremely stressful for clients, and the process aggravates feelings of loss and grief, which interfere with their ability to negotiate effectively and reach agreements.
A First-Hand Experience with My Premarital Agreement
One of the questions I used to get asked most often by my clients was whether I was married, and until recently, the answer to that had always been no, which then often their follow-up question was, are you ever going to get married?
The Ten or Twelve Top Reasons (More or Less) for Not Mediating a Dispute - Revisited
At the beginning of a new year, it seems a good time to look back on some of the common excuses, sorry, reasons, for refusing to mediate that occasionally continue to circulate especially in litigated cases.
Why are Lawyers Good Mediators?
In court, a lawyer’s role may be likened that of the client’s champion, and in most cases they represent their clients with great focus and passion.
H.E.R.E are the Steps You Need to Take to Have a Transformational, Conflict-Positive Conversation
By the time Lee visited HR to request a mediation, he was frustrated and mad.