Negotiation Articles

Negotiation Articles


If a Crime is Admitted, What Then?

(7/31/20)Gabriela Szlak, Rich Smukler

If a person during a caucus session tells the mediator that he committed a crime which had nothing to do with the case in mediation, what does the mediator do?

Housing, Transforming Community in Times of COVID-19

(7/31/20)Roger Moss, Carole Conn

Conflict Intervention Service: Transforming Lives, Transforming Affordable Housing, Transforming Community in Times of COVID-19

Conflict Coaching: Seven Essential Questions

(7/31/20)Andrew Kitchenham

This article presents Bungay Stanier’s seven essential questions to focus on in a conflict coaching situation.

The Conflict Iceberg

(7/28/20)Cinnie Noble

The metaphor of an iceberg has commonly been used as a metaphor about conflict.

Feedback, Hot Buttons, and White Fragility

(7/28/20)Lorraine Segal

Being open to difficult feedback, even about racism, can help you grow.

Listening Sticks

(7/25/20)Michael Jacobs

The Listening Stick beliefs show up in mediation.

REACH the Three Components of Self-Determination

(7/25/20)Uma Ramanathan

Conflict is inherent and pulsating in every situation or aspect of life.

The Seven Keys Conclusion: Many Paths, One Way

(7/24/20)Joanna Kalowski

The likelihood of conflict and conflicting ideologies makes effective resolution of disputes and the negotiation of sustainable deals crucially important.

In an ODR World, Is the Time Right to Switch to Multiple Shorter, Staggered Mediation Sessions?

(7/21/20)Frank Burke

I believe it is time to start a conversation about whether shorter, staggered sessions ought to be considered a best practice when mediating civil and commercial cases via videoconference.

BATNAs and the Emotional Pains from “Positional Negotiation”

(7/17/20)John Lande

If you have problems with BATNA theory, you aren’t the only one.

7th Key-Usage: Forge a User-driven Vision for Mediation; Then Fund It

(7/17/20)Michael Leathes

Today the mediation field needs to go further. It needs to articulate a new, mature, vision. One that unlocks its Golden Age.

Online Dispute Resolution: You Can Do This!

(7/17/20)Charlie Young, Bob Wright

Aspects of ODR have been with us in one form another for decades.

Using E-Mediation and Online Mediation Techniques for Conflict

(7/17/20)Maliha Safiullah

Where medicine may have been conventional, the most conservative profession is often thought to be law.

Use Mediators and Police as Conflict Resolution Partners

(7/16/20)Forrest (Woody) Mosten

In recent efforts to improve law enforcement’s role in serving our communities, a major issue is whether police departments can be assisted or replaced by professionals better suited to handling citizen calls on some issues.

Reflective Practice - Observing Mediator Language

(7/16/20)Jonathan Rodrigues

The art and craft of mediation, like many other skills, mainly matures from the myriad mistakes mediators make on their way to meticulously mastering the process.

Recent Court ADA Case Review for Conflict Resolution Practitioners

(7/16/20)Heather Kennedy

This paper discusses the emphasis of Alternate Dispute Resolution in the field of ADA and Disability Discrimination and then provides a more detailed review of recent Title I and Title III cases.

The Second Mediator? The Role of Mediator’s Assistant

(7/16/20)Charles Mak, Carrie Shu Shang

This article examines possible ethical implications of using a mediator’s assistant considering current mediator obligations.

7th Key-Usage: Invest to Generate Instinctive User Recognition and Demand

(7/16/20)Felicity Steadman

How can an appreciation of mediation be developed in the marketplace?

7th Key-Usage: Expand the Value of Mediation Into Deal-Making

(7/16/20)Veronique Fraser, Joan Stearns Johnsen

Mediation is a malleable process that parties and neutrals adapt to different areas of practice, cultures, and practitioner demands.

6th Key-Government: Sign, Ratify, and Implement the Singapore Convention on Mediation

(7/10/20)George Lim

The Singapore Convention on Mediation can have a significant influence on the international appetite for mediation.

6th Key-Government: Actively Support UN Resolution 1325 on Women, Peace, & Security

(7/10/20)Alicia Kuin

Resolution 1325 marks the first time that the UNSC affirmed the critical role of women in conflict resolution and peace building.

Conflict Resolution in the Time of COVID-19--Voices from Seven Continents of the World: Asia

(7/10/20)Hitoshi Suzuki

This series examines how the 7 continents are dealing with conflict during COVID. This one examines the view from Asia.

Mediators Needed in this Time Which Tries Our Souls

(7/10/20)David Kellem

I am calling upon all Professional Mediators to deploy as a powerful peacemaking force in our current national crisis.

Failing to Notice the Generosity of Others

(7/10/20)Catherine Gillespie

Empathy within a mediation session can prove a catalyst for success as long the mediator helps parties not miss the opportunity. Recognizing this skill and the courage of parties to move from entrenched positions will not be missed by an experienced mediator.

BATNA’S Got to Go

(7/03/20)John Lande

In a recent DRLE listserv colloquy, I threatened to save for another day an extended rant about why we are so doggone attracted to using confusing jargon. That day has arrived.

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