Negotiation Section

Negotiation Articles

Amanda Singer

A Better Understanding of Premarital Mediation

(3/24/22)Amanda Singer

This article discusses important conversations to have before a marriage to prevent conflict.

Mary Salisbury

LGBTQ Marriage, Divorce, and the Benefits of Mediation

(3/24/22)Mary Salisbury

Even though the Supreme Court ruling was a significant legal step for LGBTQ couples, the date of marriage may still not be legally clear and thousands and thousands in legal fees could be spent only to find there is no definitive legal answer.

Bruce Ally

Can Lawyers Proficiently Mediate?

(3/24/22)Bruce Ally

While it is true that lawyers are eminently trained in the art of negotiating by virtue of the rigors of their profession, arguably some have suggested that these skill sets and the competence achieved provide them with a sound basis to act as mediators.

Janet Chance

Four Tips from my Difficult Discussion with Dad about Driving

(3/24/22)Janet Chance

Difficult Discussions are labeled difficult because they are filled with emotion and make us uncomfortable. These tips can help you show up as your best self.

Bernard Mayer

Letter to our Colleagues about the Russian Invasion of Ukraine

(3/18/22)Susanne Terry, Jacqueline Font-Guzmán, Bernard Mayer

Like many mediators and other conflict professionals we share the desire to weigh in on the invasion of Ukraine and its devastating consequences for the Ukrainian people.

Colin Rule

The Ethics of NDAs in Mediation and Arbitration

(3/18/22)Colin Rule, Brittany Munn, Brian Farkas, Julie Macfarlane, Amy Schmitz, Jody Newman, Nancy Welsh

This video and article look at important NDA questions for dispute resolution professionals to consider.

Lynn Duryee

[PODCAST] Reflecting on the Emotional and Psychological Dimensions of Alternative Dispute Resolution

(3/18/22)Lynn Duryee, Stephen Sulmeyer

A podcast from JAMS featuring Stephen H. Sulmeyer, J.D., Ph.D., and Hon. Lynn Duryee (Ret.) on the emotional and psychological dimensions of ADR and the impact on mediators, lawyers and all parties involved.

Lisa Parkinson

Reach for Humanity in Dark Times

(3/18/22)Lisa Parkinson, Tatyana Bilyk

This is an article about the war in Ukraine by Tatyana Bilyik and Lisa Parkinson with the Ukrainian Association of Family Mediators.

Bruce Ally

Can Lawyers Mediate Proficiently Based on their Training

(3/17/22)Bruce Ally

While it is true that lawyers are eminently trained in the art of negotiating by virtue of the rigors of their profession, arguably some have suggested that these skill sets and the competence achieved provide them with a sound basis to act as mediators.

Sanjeev Ahuja

Critical Analysis of the Mediation Bill (The Other Side)

(3/17/22)Sanjeev Ahuja

Well, we hear a lot about Mediation now a days. This is primarily for reasons emanating from the business environment which are in a way forcing the Government to do something real and fast in this space.

Cinnie Noble

No Shortcuts when it Comes to Conflict

(3/14/22)Cinnie Noble

There are no shortcuts to any place worth going ~ Beverly Sills

Phyllis Pollack

Cookie: When Trust is Absent

(3/14/22)Phyllis Pollack

This week, I follow up on the theme of communications and animals by telling a story about our other dog – Cookie- and what happens when trust is absent.

Jennifer Shack

Survey Data Indicates Eviction Mediation Program Offers Procedural Justice

(3/14/22)Jennifer Shack

This article is part of a series of perspectives on eviction mediation program development that is being supported by the American Arbitration Association-International Centre for Dispute Resolution Foundation. The AAA-ICDR’s grant is enabling RSI to expand our outreach to court ADR colleagues working in the fast-evolving eviction field, and we are tremendously grateful to the Foundation for their support.

Giovanni Matteucci

Mediation and Insolvency, with a focus on developing countries

(3/14/22)Giovanni Matteucci

Contemporary international institutions focused ADRs on commercial disputes for decades, only in the last ten years mediation in insolvency cases. 

Keshia Osbourne

Navigating the Legal System

(3/14/22)Keshia Osbourne

This is the second in the series regarding self-represented people without any resources for advocates.

John Lande

Assessment of the Dispute Resolution Field and Possible Steps Forward

(3/08/22)John Lande

There still is a great hunger in our community to develop idealistic, principled, innovative, and pragmatic initiatives to help people manage conflict as constructively as possible.

Amanda Singer

Do You and Your Unmarried Partner Need a Cohabitation Agreement?

(3/07/22)Amanda Singer

More and more, I hear of couples who are choosing to live together and even have children together without ever getting married.

Phyllis Pollack

The Ultimate Hardball Tactic!

(3/04/22)Phyllis Pollack

Russia has engaged in the ultimate hardball tactic: it invaded Ukraine.

Lynn O'Malley Taylor

A Hypothetical Higher Education Dispute and How a Neutral Can Help Resolve It

(3/04/22)Lynn O'Malley Taylor

Imagine you are employed in the human relations department at a university. How would you handle this dispute?

Moshe Cohen Great Reads Book Club: Moshe Cohen on Collywobbles - How to Negotiate When Negotiating Makes You Nervous

(2/28/22)Moshe Cohen

Our February 2022 Book Club gathering was with Moshe Cohen about his book "Collywobbles: How to Negotiate When Negotiating Makes You Nervous."

Phyllis Pollack

Too Many BATNAs

(2/25/22)Phyllis Pollack

How many choices do we need?

Lorraine Segal

The Problem of Perfection in Conflict Management

(2/25/22)Lorraine Segal

Feeling superior or negatively judging another might provide short term relief, but will damage relationships longer term.

Leyla Balakhane

California Divorce Mediation Checklist

(2/25/22)Leyla Balakhane

This article asks What Is Important When Starting Your Divorce Case?

Lynn O'Malley Taylor

Five Common Mediation Mistakes That Create Obstacles to Settlement

(2/25/22)Lynn O'Malley Taylor, Rachel Gupta

Mediation is often a grueling and exhausting process. The right mediator should be instrumental in helping the parties reach a resolution.

‘Negotiating the Nonnegotiable’: Highlights from the March ACR-GNY Round

(2/25/22)Tamia Sutherland

The Greater New York Chapter of the Association for Conflict Resolution, a nonprofit organization with nine chapters nationwide dedicated to enhancing the practice and public understanding of peaceful, effective conflict resolution, held its latest monthly roundtable breakfast on the topic of negotiating in an era of discontent.

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