Negotiation Section
Negotiation Articles
Game Playing in Negotiation: Evolutionary Purpose and Necessity---Machiavelli's Place At the Table
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.
What Challenges Should the Proposed Mediation Act of India Address?
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.
The Limits of Mediation
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.
Mediation and the Language and Culture of Politics
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.
Yes and No are Powerful Words
Yes and No are powerful words. What impact does saying each of them have on your body and nervous system?
Tips for Addressing Childhood Conflict
These are steps for teaching your children to reduce childhood conflict.
The Civil Rights Act of 1964: The Right to Bilingual Mediation
Providing Florida LEP Individuals Meaningful Access to Mediation: Bilingual Mediator Guidance on Standards of Conduct.
Eating Our Words
Adlai Stevenson once said, “Man does not live by words alone, despite the fact that sometimes he has to eat them.”
How Do You Define “Ethics?”
"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."
To Solve a Problem at Work–Ask; Don’t Assume
When you ask and don’t assume you already know the answers, you’re likely to find better solutions to workplace problems.
Who Wears the Pants in Your Family?
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.
[Podcast] Where Does the Insurance Industry Sit Now on Racial Issues?
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.
Making Ethical Decisions
Despite the complexity of ethical issues, Ms. Liautaud has formula for making an ethical decision quite simple.
Why I Don’t Caucus
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.
Vulnerability for the WIN!
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”.
Exemplifications of Typical Topics: Mediator as a Playwright (Part I)
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.
Teaching Students to Think Like Practitioners
People often say that dispute resolution processes aren’t “one size fits all.”
Should Tribunals Stand up to Employee ‘Hypersensitivity’?
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.
Alvin Toffler, ODR, The Red Queen, and the Pandemic
Much has been written about the future. However, when we read about "what will come" we see it as “something far away”.
[PODCAST] JAMS Foundation & Hands of Peace: Empowering American, Israeli & Palestinian Youth to Be Peacemakers, Agents of Change
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.
The Significance of Nonverbal Communication in Mediation and Arbitration
Nonverbal communication may impact participants’ thoughts and emotions in a mediation or arbitration and should be considered when evaluating communication feedback during these sessions.
Book Review of Mediation and Popular Culture by Jennifer L Schulz, (2020)
What a fun, dense, and important read about mediation!
Seeing the Future by Knowing the Past
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.
Beyond Mediation: The Collaborative Practice Experience
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.
Why Mediators Need to Stop and Think Hard about Facilitating NDAs in Settlement Agreements
. . . 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. . .