Negotiation Section


Negotiation Articles


Rachel Gupta

Practical Tips for Presumptive ADR Participants: Five Do's and Don'ts for Pre-Mediation Statements

(3/19/21)Rachel Gupta

In light of backlogs resulting from closures due to COVID-19, many courts are turning to presumptive ADR programs.

Maurice Ford

Progressive Discipline, the Misunderstood Frontier - Part 3

(3/19/21)Maurice Ford, Bruce Ally

Given this is our third article in this series the reader is reminded in our previous article we examined the overreaction on the manager’s part to disciplining employees. The focus of this article is to examine some of the challenges associated with training the management staff and agents.

Kenneth Cloke

Insurrection, Demagoguery, and the Mediation of Political Conflicts

(3/08/21)Kenneth Cloke

Following the “insurrection,” “putsch,” or “attempted coup” in Washington D.C., on January 6, 2021, and the subsequent acquittal of President Trump on impeachment charges, we find ourselves facing extremely significant and difficult, yet very different political conflicts and challenges from those we faced before.

Keri Morris

Weaving Our Tapestries

(3/08/21)Keri Morris

The tapestry of understanding cannot be woven by one strand alone.

Anwar Kashif Mumtaz

Why Mediation Fails

(3/08/21)Anwar Kashif Mumtaz

The process of mediation, the opening of how to meet the people, how to engage with them, how to listen to them, how to manage them, how to explore them, how to take them closer to the resolution and how to get to the settlement from the horse’s mouth.

Bhavya Mahajan

Mediating Workplace Sexual Harassment: The Road Less Taken

(3/08/21)Bhavya Mahajan

This piece on mediating workplace sexual harassment cases provides an overview of what the mediation process would entail, the advantages of mediating such cases, and a brief discussion about the Indian perspective as regards workplace sexual harassment.

Veera Mahajan

Domestic Harmony For Better Future Of Our Children

(3/08/21)Veera Mahajan

I remember standing by the wall with my brothers and crying while my father was beating my mother.

Cinnie Noble

Line in the Sand

(3/05/21)Cinnie Noble

You have likely heard the metaphor about drawing a line in the sand, and might have used it yourself to set boundaries.

Andrea Schneider

Have Empathy like Eleanor (and be Perceptive like Princess Diana)

(3/05/21)Andrea Schneider

My next examples of negotiation skills come straight from the pandemic–and by that I mean watching television for hours during the pandemic!

CPRAM21: Committing to More Diversity in ADR

(3/05/21)Amy Foust

If you missed the 2021 CPR Annual Meeting in January—the first free public meeting held online in the organization’s 40-year history—the videos are being posted on CPR’s YouTube Channel.

Karen Aurit

Courage is a Choice

(3/03/21)Karen Aurit, Michael Aurit

It is a choice to be courageous in family conflict, and an important one.

Amanda Singer

How Do We Tell our Friends We’re Getting a Divorce?

(2/26/21)Amanda Singer

Recently I had a client ask me, “How do we say to our friends we’re getting a divorce?”

Kathleen Kauth

CON·FLICT

(2/26/21)Kathleen Kauth

This article discusses the importance of sticking your neck out during conflict.

Roseann Vanella

Using Mediation to Develop a Prenup that Satisfies Both Parties

(2/26/21)Roseann Vanella

My last mediation of 2020 was for a prenuptial agreement, and to me it was kind of a sign of hope for the year to come.

Julian Granka Ferguson

Adversarial Ethics and the Responsibilities of Mediation Associations

(2/26/21)Julian Granka Ferguson

Adversarial ethics, or the ethics of competition, are an unfortunately overlooked field of moral philosophy.

Tony Guise

A Tale of Two Pilots: A comparison of civil justice innovation in New York State and England & Wales

(2/25/21)Tony Guise

Two recent announcements of pilot programs on either side of the Atlantic bring in to sharp focus steps being taken to bust the Backlog of civil cases in two jurisdictions.

Nathan Vu

Ways to Practice Building Your Emotional Intelligence

(2/25/21)Nathan Vu

Emotional intelligence (EQ) plays a major part in negotiation.

Katherine Graham

Why are LGBT+ Employees Still More Likely to be Involved in Workplace Conflict?

(2/19/21)Katherine Graham

New CIPD research suggests that more than four in 10 LGBT+ employees have experienced workplace conflict in the past year.

Mary Salisbury

Keeping the Marital Home in Divorce and Pitfalls for the Unwary

(2/19/21)Mary Salisbury

In most marriages there is a marital home/the kids' childhood home and it’s often the largest asset--and the largest source of conflict.

Lena Borrelli

How to Find Help From Domestic Violence

(2/18/21)Lena Borrelli

This article looks at how to prevent violent conflicts, especially while quarantined.

John Lande

Lawyers are from Mars, Clients are from Venus– and Mediators Can Help Communicate in Space

(2/12/21)John Lande

Litigation often is extremely stressful for clients, and the process aggravates feelings of loss and grief, which interfere with their ability to negotiate effectively and reach agreements.

Amanda Singer

A First-Hand Experience with My Premarital Agreement

(2/12/21)Amanda Singer

One of the questions I used to get asked most often by my clients was whether I was married, and until recently, the answer to that had always been no, which then often their follow-up question was, are you ever going to get married?

Colm Brannigan

The Ten or Twelve Top Reasons (More or Less) for Not Mediating a Dispute - Revisited

(2/11/21)Colm Brannigan

At the beginning of a new year, it seems a good time to look back on some of the common excuses, sorry, reasons, for refusing to mediate that occasionally continue to circulate especially in litigated cases.

Anwar Kashif Mumtaz

Why are Lawyers Good Mediators?

(2/11/21)Anwar Kashif Mumtaz

In court, a lawyer’s role may be likened that of the client’s champion, and in most cases they represent their clients with great focus and passion.

Dawn Bedlivy

H.E.R.E are the Steps You Need to Take to Have a Transformational, Conflict-Positive Conversation

(2/11/21)Dawn Bedlivy, Kim Faircloth

By the time Lee visited HR to request a mediation, he was frustrated and mad.

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