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Negotiation Articles
NegotiationAt Pepperdine the other week Bruce Edwards likened the mediation of money disputes to a space rocket on a continuum of early, mid and late stage negotiation. It got me thinking. By early negotiation you have already done your convening and opening work. You have banked the currency you earned in those phases of the mediation (rapport, trust, credibility etc) but it’s not there for long and you will spend it in the forthcoming negotiation phase. By the end of early-stage negotiation you will have jettisoned the experts who fall away earthward – with all their technical know-how that has been useful until now – and you speed on. By the end of mid-stage you have said goodbye to the legal issues (aka merits of the case and risk analysis) that have given the debate structure so far. So that by the late-stage of negotiation you are floating in space, facilitating the deal while the parties swap messages wrapped up in dollar proposals attempting to signal the potential for movement – often unprincipled and pragmatic, not weighed down by ‘the case’, but more about what can be achieved around that table on that day with that amount of talking behind them. Featured MediatorsRead these next
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ACCUO Publishes Study of Ombuds’ ImpactIn 2016, the Association of Canadian College and University Ombudsperson commissioned, "a project to explore and portray in its various guises the work carried out by ombuds offices, with the... By Tom Kosakowski
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Can Intellectual Property Disputes Be Resolved Privately—Sure, Why Not?I recently met with a group of entertainment attorneys (like myself) here in Los Angeles, some of whom were also considering entering the arbitration field. A significant number of these... By Dixon Dern
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6th Key-Government: Sign, Ratify, and Implement the Singapore Convention on MediationEditorial Note: Mediate.com has published a series of peer reviewed articles and videos under the collective title Seven Keys to Unlock Mediation’s Golden Age. The objective of the Seven Keys is to encourage... By George Lim |
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