Negotiation Section


Negotiation Articles


Tammy Lenski

How to Backpedal After Saying the Wrong Thing

(3/02/18)Tammy Lenski

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.

Dr. Lynne C. Halem

Change Is Coming: Tax Reform Act Punishes Divorcing Couples

(3/02/18)Dr. Lynne C. Halem

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.

Beth Graham

SCOTX Holds Payday Lender Did Not Waive Right to Arbitration

(3/02/18)Beth Graham

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.

Steven Leigh

Mediators and Interpreters: A Team Approach

(3/02/18)Steven Leigh

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.

Clare Fowler

Norwegian Legislature to Consider Mandating Student Ombuds for All Universities

(3/01/18)Clare Fowler

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. 

Sam Imperati

Video Presentation: 50 Ways to Break an Impasse: Tips, Tricks, Traps and Tools

(2/28/18)Sam Imperati

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.

Lee Jay Berman

13 Tools for Resolving Conflict in the Workplace, with Customers and in Life

(2/26/18)Lee Jay Berman

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.

Larry Schooler

Reflections on Parkland, from a Broward County Parent / Conflict Resolution Practitioner

(2/22/18)Larry Schooler

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.

Michael Aurit

4 Game-Changing Tips to Build Your Divorce Mediation Practice

(2/15/18)Michael Aurit

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.

John Lande

Stone Soup: Do the Best Trainings, Continuing Education, Programs, and Conference Sessions You Can

(2/09/18)John Lande

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.

Eric Slepak

Do Android Mediators Dream of Electric Agreements?

(2/09/18)Eric Slepak

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.

Randy Drew

Mediating With Sharks Is No Walk In The Park

(2/08/18)Randy Drew

It is important to Praise Publicly & Quadrate Privately.

Steven Goldman

Gone, But Not Forgotten

(2/08/18)Steven Goldman

Strive to create a conflict free zone in your work and home interactions.

Tom Kosakowski

World Health Organization Ombuds Says Dysfunctional Management is Impacting Mission

(2/06/18)Tom Kosakowski

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.

Patricia Porter

Listening to Your Triggers – How to Suspend Judgment When You Are Angry

(2/02/18)Patricia Porter

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.

Norah Alsugair

Conflicting Negotiation Styles and Strategies: Comparing Perspectives from Saudi Arabia & USA

(2/02/18)Norah Alsugair

This article describes the different cultural aspects to take into account when negotiating in Saudi Arabia or the US.

Tom Kosakowski

California Legislature Hears Testimony on Role of Ombuds in Sexual Misconduct Matters

(1/28/18)Tom Kosakowski

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.

Shirli Kirschner

Criminal Justice and ADR

(1/26/18)Shirli Kirschner

What does ADR mean in the criminal justice context?

Tammy Lenski

Spark a Shift in Perspective with this Question

(1/26/18)Tammy Lenski

It’s hard to get fresh perspective about our situation or the other person when we’re trapped inside a conflict.

Alia Ismail

The Lebanese: Heading into an Authentic Reconciliation, and Creating a Potential Reconciliatory Force in a Volcanic Region

(1/26/18)Alia Ismail

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.

Gary Clayton

Mediation Models: What is Best?

(1/25/18)Gary Clayton

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.

Michael A. Zeytoonian

Is an Adversarial Process Our Best and Highest Good? The Case for Early Mediation

(1/19/18)Michael A. Zeytoonian

Disputes are a part of life. On all levels, in most relationships, we disagree about things.

Georg Stratemeyer

Language Patterns and Mediation

(1/19/18)Georg Stratemeyer

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.

Mark Baer

Hiring a Divorce Attorney? Buyer Beware

(1/19/18)Mark Baer

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.”

Cinnie Noble

When the Day is Done

(1/12/18)Cinnie Noble

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?

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