Negotiation Articles

Negotiation Articles


Trust and Rapport - ODR Style!

(4/10/21)Phyllis Pollack

One of the most important things a mediator must do- if not the most important- is to build trust and rapport with the parties. In pre-Covid days, this was a bit easier; the mediator could sit face to face with each party and schmooze.

Reflection as a Manifestation of Recognition Beyond Relational Weakness and Self-Absorption

(4/10/21)Robin Brzobohatý, Tereza Hanajová

While debriefing immediately after a co-mediation, an interesting question arose: “Does a reflection always have the same function regardless of the context?”

Shovel 3: The Big One

(4/09/21)Paul Rajkowski

In getting ready to continue digging up the return of Traditional Mediation, I read Rachel Gupta’s article on this site and I am grateful to her for writing it.

Using Text Messages and Emails in Mediation, Family, or Divorce Court

(4/09/21)Carrie Gour

A guide on best practices related to the collection and use mobile evidence and the software options available best suited to assist.

20 Ways to Improve UNFCCC Meetings and Climate Change Negotiations

(4/02/21)Kenneth Cloke

In preparation for the next international meeting on climate change in Glasgow in November 2021, it is important to begin thinking together, not only about outcomes, but ways of improving the process of meeting, discussing, and negotiating agreements on climate change.

ADR & Activism Through Art - Maya Angelou and Frida Kahlo

(4/01/21)Andrea Schneider

This article focuses on creativity and negotiation role models.

The Power of Gratitude

(4/01/21)Lorraine Segal

Why do you think so many people do not feel gratitude? How would you articulate why a simple emotion can be so elusive?

[PODCAST] ADR can be a “Win-Win” Solution for In-House Counsel

(4/01/21)Laura Abrahamson

In this podcast, Laura highlights how a well-crafted clause can be essential for an organization in achieving fair, resource-efficient outcomes, especially as courts continue to face backlogs.

The Muddy Time

(4/01/21)Elle Rave

Some of us call it the muddy time. It’s the time in between the decision to divorce and when the actual divorce is made final.

Questions and Questioning within the Conversational Framework

(3/26/21)Milan Slama

Mediators mostly focus on differences between open-ended and pointed questions, Yet, there is much more to questioning and question-asking than that.

The Singapore Convention on Mediation - Where’s Europe?

(3/26/21)Consumer Protection BC, Henneke Brink

International commercial mediation - what a settlement agreement can do.

How to Manage In-Laws Post Divorce

(3/25/21)Amanda Singer

When I got married, I found that one of the strangest transitions wasn’t to being newlyweds or calling him my husband but was more related to my new in-laws. I think that often in-laws, especially mothers-in-law, have gotten a bad rap in popular culture.

Helping Kids Adjust to Life When Parents Go Through Divorce

(3/25/21)Marian Grande

If you are going through a divorce, one of the most significant concerns you may have is the effect it has on your children. 

Affect in Methods of Dispute Resolution

(3/25/21)Celia Caiuby, Andrea Maia

The paper addresses affect in its philosophical aspect, proposing a rational reflection on the individual perceptions of each party involved in a conflict, in order to analyze how this affection influences the methods of dispute resolution.

A Short Story: How My Friend Destroyed Their Bullies

(3/25/21)Minson Vo

When a friend told me how he overcame a bully, my curiosity peaked, and I asked him to show me how he defused a situation like that.

Mediate is Top Ranked Mediation Website

(3/24/21)Mediate.com

Mediate.com is ranked the top mediation website by Alexa in its March 24, 2021 global website rankings. In business since 1996, Mediate.com has over 25,000 searchable mediation articles, blog posts, news items and videos and hosts the most utilized mediator directory in the world.

ODR Survey--Your response requested

(3/22/21)James Claxton

James Claxton is requesting your response to his ODR survey.

Temporary or Partial Impracticability and Frustration of Purpose and Pandemic Affected Contracts and Leases

(3/19/21)Frank Burke

When the circumstances giving rise to the impracticality or frustration cease to exist, then Section 269 affords a party a reasonable time to resume performance.

Annoy the Mediator at Your Own Risk: Negotiation Tactics and Missteps to Avoid, Part 2

(3/19/21)David Ross

In this post, I explore more aggravating, and avoidable, behaviors that may upset or undermine the mediator and the mediation process.

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.

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.

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.

Weaving Our Tapestries

(3/08/21)Keri Morris

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

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.

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.

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