Negotiation Section
Negotiation Articles
Mediation Dance-Writing
Sometime between 480 and 221 BC during China’s Warring States Period, a general named Wu wrote a short and now widely read treatise on how to win a big fight. The highest excellence, he said, is the “sheathed sword,” achieving your goal without fighting.
This Mediation Failed. Or, Did It?
This article poses the question of how to evaluate success and failure of mediation.
How to Deconflict Situations for One's Personal Benefit
Whether loved, despised, or a stranger, conflict causes anxiety, increases tension of blood and causes inconvenience.
Mediator Engagement in Politics – and other things we care about
In his thought-provoking new book, Politics, Dialogue and the Evolution of Democracy the legendary Ken Cloke reflects on an exchange between two distinguished American authors, Lawrence Susskind and Bernie Mayer, reflected upon here.
Free Expert Interviews for the 10 Toughest Behaviors at Work – Challenging Workplace Behavior Summit
Whether it’s gossip, harassment, or time-sucking interruptions we have all encountered challenging behaviors in the workplace. Have you ever wished you knew what to do when they happened?
What Should You Ask Your Mediator at the Initial Session?
What I offer in this article is some thoughts and ideas of questions that may be helpful to ask at your initial consultation with your mediator.
Family Feud? Use Eldercaring Coordination for High Conflict in Eldercare
This article distinguishes elder mediation and eldercaring coordination, and discusses the benefits of eldercaring coordination for high-conflict cases.
Bringing Down a Giraffe
Each of the described four impulses gives rise to tensions in negotiation: the need to compete and claim, the impulse to cooperate and find common ground, the drive for pragmatic and technically competent solutions, and the push for a moral basis in solution-making.
The Next Level of Impartiality
All mediators understand that we’re supposed to be impartial. Our ideas about what that means fall on a continuum.
Concerns on the New Singapore Convention
The United Nations Commission on International Trade Law (UNCITRAL) has announced agreement on a “United Nations Agreement on International Settlement Agreements Resulting from Mediation.”
Blind Justice: Can Individuals Be Bound to Arbitration Clauses They Can’t Read?
The First U.S. Circuit Court of Appeals in Boston recently declined to enforce an arbitration clause in the Container Store’s loyalty program against blind customers.
Weapons and Sports Agents
Life imitates art, art imitates life, and both reveal deeper patterns.
What Do Marriage Counselors and Mediators Do?
There is a big difference between marriage counselors and mediators, and each is specific to the condition of a relationship.
Like the Fireflies Generating Light
It is currently common to use expressions such as "polarization" or "crack" to describe the attitudes with which the inhabitants, politicians and governments in different countries raise or debate their problems.
Family Mediation and Domestic Abuse
Mediation in Worcester, Gloucester and the surrounding areas is increasingly the default option when it comes to family dispute resolution.
Making Referrals to Divorce Mediation or Family Mediation
Mental health professionals may have a general idea about what divorce mediation is but want to know more about it before making referrals. This article discusses critical points for you to consider before referring your clients to divorce mediation or mediation of other family issues.
Power, Impartiality, and Timing: Third Party Mediation in the Middle East
There has been upsurge literature on third party intervention in recent years, and still a significant gap in the field of mediation.
Generating Multiple Options!
Attending a mediation requires making difficult decisions.
Las Medidas Autosatisfactivas, en la Justicia Peruana
Es articulo es un Descripcion de objetivos e identificacion de la institucion.
Building Coalitions and Story Telling
In order to be more effective in mediation, the story of the case must be told just like the unfolding of a movie or book. Like any story, there is a common structure that has a beginning, middle and end and is broken down into three acts.
Mediation vs. Arbitration
This article directs the special advantages of mediation for resolving disputes. It outlines the specific procedure for mediation that optimizes these advantages over arbitration.
Peacemakers of All Faiths Gather at Ismaili Jamatkhana Plano for Restoring Community Day
This article covers Restoring Community Day held in 2017, including plans for the upcoming Community Day to be held in October 2018.
New Mediation Confidentiality Law
On September 11, 2018, Governor Jerry Brown signed in a law which will require attorneys to inform their clients of the confidentiality restrictions related to mediation.
Self-Restraint: A Door to True Liberty
When one ignores one’s own emotions, to maintain face, or to increase hopes for immature peace, the likelihood for an unexpected emotional burst, by oneself, or by the other, increases.
How Avoidance Can Help You with Workplace Conflict
It sounds counter intuitive, but Inaction or avoidance can be a viable way of dealing with workplace conflict.