Negotiation Section
Negotiation Articles
How to Backpedal After Saying the Wrong Thing
When words come out of your mouth that you instantly regret, here are some ways to recover from your faux pas and minimize the impact of ill-chosen words.
Change Is Coming: Tax Reform Act Punishes Divorcing Couples
The new act aims to prevent this “nefarious” practice, often labeled as a divorce subsidy, by rendering alimony payments as after tax income, beginning with the 2019 tax year.
SCOTX Holds Payday Lender Did Not Waive Right to Arbitration
The Supreme Court of Texas has ruled that a payday lender did not waive its right to compel arbitration against the company’s defaulting customers.
Mediators and Interpreters: A Team Approach
This article will examine suggested conditions that should be examined by the mediator prior to asking the interpreter or translator for their professional service in the mediation session.
Norwegian Legislature to Consider Mandating Student Ombuds for All Universities
A committee of the Storting (Norway's supreme legislature) has approved a proposal to mandate Studentombud for all universities in the country. At present, ten universities provide Student Ombuds programs, which serve about two-thirds of all university students.
Video Presentation: 50 Ways to Break an Impasse: Tips, Tricks, Traps and Tools
Parties and advocates can flounder in the intersection of logic and emotion. This program will focus on “nuts and bolts” techniques for breaking impasse. Learn tips to dispense “reality therapy” and reach closure in the face of apparent impasse.
13 Tools for Resolving Conflict in the Workplace, with Customers and in Life
Conflict happens. It is inevitable. It is going to happen whenever you have people with different expectations. Here are some tools for avoiding and resolving disputes in the early stages, before they become full-blown conflicts.
Reflections on Parkland, from a Broward County Parent / Conflict Resolution Practitioner
The author, a parent of a child in Broward County Schools (where Marjorie Stoneman Douglas High School is located), reflects on possible usages of ADR, mediation, facilitation, and consensus-building in the seemingly never-ending national struggle over guns.
4 Game-Changing Tips to Build Your Divorce Mediation Practice
Whether you are just opening the doors of your divorce mediation practice, or you have been a professional family mediator for many years, considering these 4 Game Changing Tips with potential clients can be game-changers for developing your more successful mediation practice.
Stone Soup: Do the Best Trainings, Continuing Education, Programs, and Conference Sessions You Can
One of the challenges in using educational programs to collect data is a tension between the goals of having speakers provide material to participants and gathering information from them.
Do Android Mediators Dream of Electric Agreements?
With the new year being still fresh enough that some of us, and hopefully not just me, continue to write 2017 on their checks, the future is at the forefront of many of our minds.
Mediating With Sharks Is No Walk In The Park
It is important to Praise Publicly & Quadrate Privately.
Gone, But Not Forgotten
Strive to create a conflict free zone in your work and home interactions.
World Health Organization Ombuds Says Dysfunctional Management is Impacting Mission
In January 2018, the Ombudsman for the international public health agency told leadership that managers lack the interpersonal skills required for effective team communications, constructive conversations about performance, and conflict resolution.
Listening to Your Triggers – How to Suspend Judgment When You Are Angry
A hot button or trigger word can be words, a tone of voice, or a particular way someone conveys body language that sets you off.
Conflicting Negotiation Styles and Strategies: Comparing Perspectives from Saudi Arabia & USA
This article describes the different cultural aspects to take into account when negotiating in Saudi Arabia or the US.
California Legislature Hears Testimony on Role of Ombuds in Sexual Misconduct Matters
As part of its on-going effort to respond to allegations of sexual misconduct in the state capital, a joint subcommittee of the California legislature heard about how the Ombuds programs work at the University of California.
Criminal Justice and ADR
What does ADR mean in the criminal justice context?
Spark a Shift in Perspective with this Question
It’s hard to get fresh perspective about our situation or the other person when we’re trapped inside a conflict.
The Lebanese: Heading into an Authentic Reconciliation, and Creating a Potential Reconciliatory Force in a Volcanic Region
In the midst of an unstable Middle East, occupied with a combination of authentic civil protests, and illegitimate ISIS attacks, Lebanon seems to be a promising spot to true reconciliation.
Mediation Models: What is Best?
Principles, Theories, and Models: A persuasive argument about which mediation practice model is better. This document discusses the prevalence of conflict and disputes in daily life.
Is an Adversarial Process Our Best and Highest Good? The Case for Early Mediation
Disputes are a part of life. On all levels, in most relationships, we disagree about things.
Language Patterns and Mediation
This article is a summary of techniques I use to identify when parties to a mediation use language patterns intended to avoid responsibility making it difficult to reach an agreement.
Hiring a Divorce Attorney? Buyer Beware
John Keith wrote the following: “It is inherent in our role that we fight other peoples’ battles, but this duty encourages us to identify with our clients and view their battles as our own.”
When the Day is Done
When you consider what is most important to you about the conflict and the other person, what is the optimum way of proceeding, do you think?