Negotiation Section


Negotiation Articles


Robert Benjamin

Game Playing in Negotiation: Evolutionary Purpose and Necessity---Machiavelli's Place At the Table

(9/15/21)Robert Benjamin

While often dismissed as irrational, disingenuous, unethical or “Machiavellian,” game playing strategies and devices are a natural and necessary part of the negotiation and mediation of difficult issues and controversies.

Sneha Vardhani

What Challenges Should the Proposed Mediation Act of India Address?

(9/15/21)Sneha Vardhani

Recently, the Supreme Court of India, admitting that there is ‘a dire need to enact Indian Mediation Act..’ created a Committee to draft a separate legislation for administration of mediation proceedings across the country.

Kenneth Cloke

The Limits of Mediation

(9/13/21)Kenneth Cloke

It is difficult to understand anything fully until we recognize its limits -- the places where it falls apart, or miraculously comes together -- where it begins and ends, or transforms into something entirely different.

Kenneth Cloke

Mediation and the Language and Culture of Politics

(9/10/21)Kenneth Cloke

One of the principal difficulties with political conflicts is that, in addition to disagreements over ideas, facts, proposals, beliefs, and values, there are significant differences in the languages we use to describe ourselves, our opponents, and the issues that divide us; as well as in the disparate cultural norms, expectations, myths, assumptions, and ways we attribute meaning to political ideas and assertions.

Sarah Peyton

Yes and No are Powerful Words

(9/10/21)Sarah Peyton

Yes and No are powerful words. What impact does saying each of them have on your body and nervous system?

Veera Mahajan

Tips for Addressing Childhood Conflict

(9/10/21)Veera Mahajan

These are steps for teaching your children to reduce childhood conflict.

Patrick Mastronardo

The Civil Rights Act of 1964: The Right to Bilingual Mediation

(9/08/21)Patrick Mastronardo

Providing Florida LEP Individuals Meaningful Access to Mediation: Bilingual Mediator Guidance on Standards of Conduct.

Cinnie Noble

Eating Our Words

(9/07/21)Cinnie Noble

Adlai Stevenson once said, “Man does not live by words alone, despite the fact that sometimes he has to eat them.”

Phyllis Pollack

How Do You Define “Ethics?”

(9/07/21)Phyllis Pollack

"For centuries, we have shared common expectations of how we behave ethically in society, based largely on a mutual understanding of the reality in which our decisions play out. These underlying expectations have come to be guided by three pillars."

Lorraine Segal

To Solve a Problem at Work–Ask; Don’t Assume

(9/07/21)Lorraine Segal

When you ask and don’t assume you already know the answers, you’re likely to find better solutions to workplace problems.

Joy Rosenthal

Who Wears the Pants in Your Family?

(9/07/21)Joy Rosenthal

So much has changed! When I was growing up, the expectation for middle-class marriages (which were always between women and men) was that it was the man’s job to earn enough money to support the family, and it was the woman’s job was to have children and to contribute to the economy by spending money.

Rebekah Ratliff

[Podcast] Where Does the Insurance Industry Sit Now on Racial Issues?

(9/07/21)Rebekah Ratliff

In a recent episode of Insurance Business Talk, JAMS neutral Rebekah Ratliff speaks with host Paul Lucas on her experience as a Black woman in the insurance industry and where the industry is now in terms of issues relating to gender and race.

Phyllis Pollack

Making Ethical Decisions

(8/30/21)Phyllis Pollack

Despite the complexity of ethical issues, Ms. Liautaud has formula for making an ethical decision quite simple.

Joy Rosenthal

Why I Don’t Caucus

(8/30/21)Joy Rosenthal

One of the things to think about when you are looking for a divorce mediator is whether they will meet with both of you together or will meet with you each separately.

Lydia Ray

Vulnerability for the WIN!

(8/27/21)Lydia Ray

Vulnerability as quoted from THE vulnerability researcher Brene Brown “is not winning or losing, it’s having the courage to show up even when you can’t control the outcome”. 

Milan Slama

Exemplifications of Typical Topics: Mediator as a Playwright (Part I)

(8/26/21)Milan Slama

There are certain reoccurring themes, which frequently surface and resurface during the conversations, taking place during mediation meet-ups. These themes are often deeply ingrained in the conflicts, parties have with each other.

John Lande

Teaching Students to Think Like Practitioners

(8/20/21)John Lande

People often say that dispute resolution processes aren’t “one size fits all.”

Katherine Graham

Should Tribunals Stand up to Employee ‘Hypersensitivity’?

(8/20/21)Katherine Graham

Recent years have seen a strong tide towards protection of employee rights in employment tribunals, a heightened awareness of any form of discrimination, the damaging effects of throwaway remarks.

Maria Victoria Marun

Alvin Toffler, ODR, The Red Queen, and the Pandemic

(8/20/21)Maria Victoria Marun

Much has been written about the future. However, when we read about "what will come" we see it as “something far away”.

David Brandon

[PODCAST] JAMS Foundation & Hands of Peace: Empowering American, Israeli & Palestinian Youth to Be Peacemakers, Agents of Change

(8/20/21)David Brandon

A podcast from JAMS featuring David Brandon of The JAMS Foundation and Gretchen Grad and Scott Rasmussen of Hands of Peace, discussing Hands of Peace’s work empowering American, Israeli and Palestinian youth to be agents of change in their communities.

Joan Kessler

The Significance of Nonverbal Communication in Mediation and Arbitration

(8/13/21)Joan Kessler

Nonverbal communication may impact participants’ thoughts and emotions in a mediation or arbitration and should be considered when evaluating communication feedback during these sessions.

Jennifer Schulz

Book Review of Mediation and Popular Culture by Jennifer L Schulz, (2020)

(8/13/21)Jennifer Schulz, Pat Bragg

What a fun, dense, and important read about mediation!

Michael Lang

Seeing the Future by Knowing the Past

(8/11/21)Michael Lang

As we gradually emerge from the dark cloud of the pandemic, conversations among mediators have shifted and we are now wondering whether we want to return to in person mediation, whether we will try a hybrid approach or whether we will continue to virtual mediation.

Brian Galbraith

Beyond Mediation: The Collaborative Practice Experience

(8/11/21)Brian Galbraith

Collaborative Practice is a process to resolve family law conflict without the use of the court. Each person has their own attorney, but should the matter go to court, the attorneys are prohibited from participating in the court process. This changes everything. Instead of gearing up for litigation the attorneys becoming settlement specialists. Everyone has a vested interest in assisting the clients reach an agreement.

Julie Macfarlane

Why Mediators Need to Stop and Think Hard about Facilitating NDAs in Settlement Agreements

(8/10/21)Julie Macfarlane

. . . An agreement seems to be emerging, to the relief of the plaintiff whose human rights complaint against the defendant employer has been dragging on for months. . .

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