Negotiation Section
Negotiation Articles
Fight or Flight & Other So-So Responses to Conflict
Fight, Flight, Freeze—that what neurobiologists say are our ancestral (and current) unconscious response choices in a threatening or conflict situation.
Creating Accessible Mediation
This paper summarizes legal and ethical reasons for accessible meditations and provides a summary of how to accomplish this goal.
October Month of Conflict Resolution Week 2: Featuring 4 Peacebuilding Think-Tanks Across the World
As part of our special series for Conflict Resolution Month this October, this is our second article where we have highlighted the following research institutes and think tanks across the world.
Use Silence in Facilitating
What can a facilitator do with an extremely persistent person, who refuses to stop interrupting others in mediating or facilitating?
Mediate.com Survey: Analyzing the Field
Mediate.com asked 300 dispute resolution professionals 7 questions about the field. Initial results are here.
When People Interrupt
The problem we saw in the recent residential debate is familiar to any mediator: How do you keep angry people from interrupting each other?
Talking It Out- The Problem With, And In Rural Areas
It is a duty, I believe, on the part of those who belong to the legal fraternity, to do the needful to disseminate the same by participating and organizing legal awareness drives, so that in the long run, the scope of alternate dispute resolution not only looks good in the black and white text, but also as being applied and implemented in its practical sense to reduce the load on our already over-loaded judiciary, and also to aid in the speedy settlement of disputes and better the access to justice.
Mediation as a Business Accelerator
This article discusses how mediation can help business, an inspiring example from The Middle East.
Employment Litigation: 3 Instances Where A Company Should Explore Mediation
A blanket “no settlement” policy may not be in the best interests of the company’s bottom line. There are three instances where companies should put aside their instinct to litigate and explore mediation.
Culture and Religion, Evaluating Mediation Approaches: A Case Study
This document will analyze a conflict scenario with respect to the conflict’s candidacy (suitability) for mediation.
Mandatory Course on Mediation for Law Students in India
Is mandatory mediation training in India too late?
What Brad Pitt and Angelina Jolie Can Teach Us About the Neutrality of the Mediator
Pitt and Jolie's divorce has taken a long time, filed for in 2016, although divorced in 2019 their agreement regarding child custody and financial assets is still ongoing.
Max Schrems strikes again! Where next for Mediation Service Providers and their mediators?
Examines the outcome of the CJEU’s decision known as Schrems II from the perspective of mediation service providers and mediators. Proposes practical steps in which the results of Schrems II may be addressed. Reviews the emerging responses of Data Protection Authorities in Europe and the USA.
Family Mediation vs Family Litigation
Many people assume that the only way to resolve a family law matter is to retain counsel and commence a Court action. This is a wrong assumption.
The Role of Restorative Practices in Effectively Addressing Gender Discrimination and Harassment in the Workplace
Numerous federal and state laws prohibit gender discrimination and harassment in the workplace. Under Title VII of the Civil Rights Act of 1964 and state antidiscrimination statutes, an employer must not impose adverse employment actions or otherwise discriminate against individuals based on gender.
What Are The Steps In The Mediation Process?
Before couples decide the best course of action when separating, it is helpful to know the essential steps of the mediation process.
Racial Justice Conflict: How “Historical” Racial Symbols Shape Perception, Practices, and Policy
As the world continues to grapple with racial injustice and unrest as masses of people from all ethnicities protest in the streets, this article examines the subliminal influence of historical racial symbols and practices namely, statues and monuments, slave plantation sites and tours, market houses where slaves were sold, and street names that bear the scars of slavery.
‘Emotional Agility’ as a Workplace Mediator
A psychologically safe space must be offered and maintained if a participant is going to be invited to and chooses to explore any underlying drivers to their thoughts and behaviours which may have contributed to the formation or perpetuation of conflict with another.
Survey results: What Do Wisconsin Judges Think About Mediating Cases?
A survey of judges provides some insight on the mediation landscape in Wisconsin.
Using Assertive Communication as a Way to Prevent Conflict in the Workplace
Practicing effective communication is one of the most impactful ways to prevent conflict in the workplace.
Thoughts on Addressing Racial Injustice
This work juxtaposes an announcement by AAA-ICDR with articles that promote dialogue to address racial: 1) Are We Ever Neutral? Should We Be? 2) Staying with Conflict - Election Edition: A Conflict Practitioner’s Lens on the US Election 3) What's the Right Thing to do When You are Really Angry About What's Happening in America?