Negotiation Articles

Negotiation Articles


Domestic Violence and Family Mediation

(10/14/21)Marian Grande

Domestic violence is a prevalent problem in Canada. Unfortunately, family violence is a genuine reality for many families.

Managing and Resolving Conflicts in Remote Teams

(10/14/21)Xavier James

Handling remote teams can become quite a challenging task at times, especially when a conflict arises.

Strathclyde Mediation Clinic: A decade of dedication to mediation in Scotland

(10/11/21)Charlie Irvine, Jonathan Rodrigues

The Mediation Clinic attached to the University of Strathclyde (“The Mediation Clinic”) in Glasgow, Scotland, recently won the ‘Community Contribution Award’ at the Scottish Legal Awards 2021. This is an article discussing the program.

Transcendent

(10/08/21)Charlie Young

I’ve been fortunate to be a part of mediations where there have been healings and complete changes of heart among the parties. What are the commonalities?

What are the Qualities of a Good Mediator? - video

(10/07/21)Bob Bordone

Have you ever asked yourself, what are the qualities of a good mediator?

ERRR On the Human Side of Mediation Encompassing Empowerment, Recognition, Reflection and Respect

(10/06/21)Sharon Kendrick-Johnson

This article is an open invitation to the Opposing Party.

Mediation and Business Crisis in Italy, 2021. Where's the training?

(10/01/21)Giovanni Matteucci

On August 25, 2021, Law decree 118/2021 came into force concerning the prevention/management of business crisis. A crucial aspect has been neglected, the training in negotiation and mediation techniques.

Bellwether Mediations As An Alternative To Bellwether Trials

(10/01/21)Diane Welsh

Conceptually, the goal of bellwether mediations is the same as that of its counterpart (a trial): to develop an objective way to value a disparate set of cases to facilitate settlement.

"Never Ruin an Apology with an Excuse"

(9/27/21)Cinnie Noble

This quote by Kimberly Johnson is a good one to consider when it comes to asking forgiveness, giving an apology, and otherwise trying to make amends.

Overcoming The Sunk Cost Fallacy and Its Untoward Impact on Settlement Dynamics

(9/27/21)Christopher Nolland

"I’ve spent over $300,000 in legal fees and two years of my life to get here. Obviously, my lawsuit must be worth more than my investment in money, time, energy, stress, and opportunity costs."

SHOVEL 5 - Whose Fear is it Anyway

(9/22/21)Paul Rajkowski

Somewhere along the mediation trail, process change appeared. This change became a big drift from traditional mediation and led to the shuttle system.

Why Have a Disclosure Protocol for Mediation?

(9/21/21)Daniel Rainey

I’ll describe the process we’ve used and report on the status of the Universal Disclosure Protocol for Mediation (UDPM), but first let me address the fundamental question that prompted us to begin work in the first place: why do we need a universal protocol for disclosure in mediation?

Dance of Opposites - Book Review

(9/18/21)Ron Supancic, Kenneth Cloke

The Dance of Opposites, a new book by Dr. Kenneth Cloke, will change your life. You will never view conflict the same way again. If you only read one more book on the theory & practice of Conflict Resolution, make it this one.

Preparing and Paying for QDROs in Divorce

(9/17/21)Mary Salisbury

The responsibilities of a plan administrator include reviewing QDROs or DROs and then distributing the funds to the non-plan participant spouse once they have approved the order--which become difficult in a separation.

Conflict in the Workplace – Mediation Can Make Your Team More Efficient

(9/17/21)Naveed Khan

Conflict in the workplace is inevitable when people with different values and opinions come together.

Game Playing in Negotiation: Evolutionary Purpose and Necessity---Machiavelli's Place At the Table

(9/15/21)Robert Benjamin

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?

(9/15/21)Sneha Vardhani

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

(9/13/21)Kenneth Cloke

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

(9/10/21)Kenneth Cloke

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

(9/10/21)Sarah Peyton

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

(9/10/21)Veera Mahajan

These are steps for teaching your children to reduce childhood conflict.

The Civil Rights Act of 1964: The Right to Bilingual Mediation

(9/08/21)Patrick Mastronardo

Providing Florida LEP Individuals Meaningful Access to Mediation: Bilingual Mediator Guidance on Standards of Conduct.

Eating Our Words

(9/07/21)Cinnie Noble

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?”

(9/07/21)Phyllis Pollack

"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

(9/07/21)Lorraine Segal

When you ask and don’t assume you already know the answers, you’re likely to find better solutions to workplace problems.

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