Negotiation Articles

Negotiation Articles


Book Review: The Art of Roleplay and Dispute Resolution Training

(1/15/21)Colin Rule

Role plays are one of the most common tools used by mediation trainers. In his new book, Marc Bhalla takes a deeper look at how to use role plays effectively and shares some of his tested and effective scenarios.

Being Unafraid to Feel

(1/15/21)Cinnie Noble

When we feel emotional about a conflict – hurt, anger, betrayal, disappointment, and so on – it is a clear sign that something important to us is being challenged or threatened or undermined.

Non-Directive Empathic Listening

(1/15/21)Gregorio Billikopf

In this paper I will share how I found out that the listening approach I have used for almost two decades was completely unique--based on a happy misunderstanding.

Divorce Noise

(1/15/21)Denise French

It’s so normal for us to ask questions and want information from those who have already been through this overwhelming time in our lives.

The End Game

(1/15/21)Scott Levin

Deciding to divorce is likely going to be the biggest decision of your life, bigger than even deciding to get married in the first place, and how you choose to proceed will make all the difference.

Love’s New Mediation Data: Whither the Joint Session?

(1/15/21)Temitope Akande

Mediation, Love says, “is the last bastion,” with mediators trained to promote dialogue.

A Negotiation Innovation: An intelligent negotiation assistant

(1/14/21)Veronique Fraser, Barney Jordaan, Michael Leathes

I am sitting in a room, negotiating a sale, and I’m thinking: Which is likely to be more favorable to me: put a figure on the table, or insist the Other does so first?

10 Actions We Can Take to Turn Adversarial, Autocratic, Power-Based Political Conflicts into Collaborative, Democratic, Interest-Based Social Problem Solving

(1/08/21)Kenneth Cloke

Because democracy is open, it is vulnerable to demagogues and autocrats; yet because it is open, it is also resilient, able to learn and improve, and responsive to popular wisdom.

How to AVOID Conflict Gracefully

(1/08/21)Ronald S. Kraybill

If you’re good at selective conflict avoidance, you will have a greater sense of order and control in your life.

Pandemic Pivot - ADR Poised for Prominence During Recovery

(1/08/21)Tracy Allen

Never have we been more needed, and never have we needed to be more flexible.

Authenticity in Conflict

(1/08/21)Kathleen Kauth

Many times in tense situations there is a strong desire to minimize the conflict.

Best 10 Books About Mediation Ever Written

(1/08/21)Frank Hamilton

The difference in opinions, beliefs, views, values, and desires, plus the need to establish supremacy of one over the others often causes conflicts to arise in different situations.

Landscape of Dispute Resolution

(1/08/21)Anwar Kashif Mumtaz

When you hear about the word landscape of dispute resolution, the first thing that comes to the mind of the people is litigation before a court of competent jurisdiction. However, the parties need to be made aware that the landscape of dispute resolution is wider. It includes along with litigation, arbitration and mediation.

Egalitarian Change – Our Roles and Responsibilites

(1/08/21)Charles Crumpton

“Never let a good crisis go to waste” – Alistair McIntosh

[PODCAST] Reflecting on Nine Months of Virtual ADR

(1/08/21)Adrienne Publicover

A special podcast from JAMS featuring neutrals Adrienne Publicover and David Ross on their experiences and lessons learned since shifting to virtual mediations.

Theory vs. Reality: Where the Rubber Hits the Road

(1/05/21)Keshia Osbourne, Bruce Ally

After spending four months and 140 hours of intense theoretical study, I walked away from one of Toronto’s leading Universities with a certificate in Dispute Resolution. This was what happened when I stepped in to the real world.

Ideas for Teaching Mediation and Negotiation

(1/04/21)John Lande

This article is prompted by my conversation with a really good, experienced colleague who is revising his mediation course.

Mediation Confidentiality in Federal Court

(1/04/21)F. Peter Phillips

As a consequence of the absence of uniform adoption of the Uniform Mediation Act, the confidentiality of mediation communications in various jurisdictions often cannot be assured.

Mediators, Time to Mend Our Nets

(1/04/21)Jonathan Rodrigues

This article examines what we should do as mediators during the pandemic.

How To Screw Up a Mediation in our Brave New World

(1/04/21)Christopher Nolland

FUBAR Zoom mediation: A Field Guide for Mediators. FUBAR = Fouled Up Beyond All Recognition

[Podcast/Video] International Arbitration Across the Pond: Everything JAMS Part 1

(12/28/20)Ranse Howell, Kim Taylor

JAMS Senior Vice President, Chief Legal & Operating Officer Kimberly Taylor and Director of International Operations Ranse Howell join Mayer Brown partners Charles Harris and Kwadwo Sarkodie on their podcast mini-series, “International Arbitration Across the Pond.”

Conflict Resolution Trainer & Gun Lover

(12/28/20)Ronald S. Kraybill

I teach Conflict Resolution. Why do I love Guns?

When the Cure is Worse Than the Disease: Civil liberties Under Attack

(12/28/20)Kathleen Kauth

As COVID concerns spread, conditioning from the media and celebrities talking about how everyone needed to comply with random, and often contradictory orders began to make the rounds of TV and social media.

Is My Bias Showing?

(12/27/20)Don Cripe

In his recent book, Online Courts and The Future of Justice, author Richard Susskind posits, “…litigants do not really want courts, judges, lawyers, rules of procedure, and the rest. More likely, they want not to have a problem at all."

Resolving Legal Battles, One Text Message at a Time

(12/27/20)Veronica Cravener, Jessica Kavinsky

The Franklin County Municipal Court (FCMC), located in Columbus, Ohio offers online, text-message mediation. This article highlights the data from mediations completed entirely online, by text message, in one of FCMC’s mediations programs.

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