Negotiation Articles

Negotiation Articles


APFM, NAFCM, MBB & ACR Co-Sponsor National Mediation Policy Act!

(11/30/20)Mediate.com

The APFM, NAFCM, MBB & ACR have joined Mediate.com's groundbreaking efforts to set America on a better path by sponsoring the "National Mediation Policy Act" (NMPA). The Act declares a national policy favoring voluntary mediation over disputes being litigated, remaining unresolved or resulting in violence.

Holiday Parenting/Custodial Time during COVID-19

(11/23/20)Roseann Vanella

When considering whether or not to bring a child to a holiday gathering (such as Thanksgiving dinner at Grandma’s house for example), these and other factors need to be taken into consideration.

Why Mediation Is the Holy Grail for Health Care Disputes

(11/16/20)David Zacks

After trying cases for most of my career and having served as a full-time neutral for the past five years, I’m convinced mediation is the best option for resolving cases while keeping your clients’ interests in mind, particularly for health care disputes.

Can You Be a Litigator and a Mediator?

(11/12/20)Scott Levin

“You know what, Ken? A bad idea would be to let your client walk out of here today and drag this thing out for another year, wasting more time and more money," ~ The Wedding Crashers

How to Bring Civility to Political Arguments

(11/12/20)Kwame Christian

Civility, respect, understanding, and the willingness to listen. These are core conversational virtues that are universally appreciated.

Using Mediation Techniques to Manage Conflicts and Create a Healthy Work Environment

(11/11/20)Nouman Ali

It is not surprising that workplace conflict is one of the most talked-about topics in HR. Many different types of people work in an office, and the difference in opinions and personality is usually the cause of workplace conflict.

Good Faith in Mediation

(11/11/20)Marian Grande

Both parties must enter a mediation with good faith, meaning that the parties have the sincere intention of trying to find a resolution in the dispute.

Do You Always Like You?

(11/06/20)Cinnie Noble

There are times many of us interact in ways we’re not very proud of.

Being Emotionally Ready for Divorce Mediation

(11/06/20)Roseann Vanella

A question I often ask clients when they come to me for a consultation for divorce mediation, “Are you each emotionally ready to mediate your divorce”?

Resolving Employment Disputes through Mediation--podcast and transcript

(11/06/20)Shirish Gupta, Chris Kwok

From health and safety concerns of the COVID-19 pandemic, to systemic discrimination issues amidst the Black Lives Matter movement, to continued fallout from the #MeToo movement, employers are currently facing a unique environment that is both increasing the number of workplace disputes and changing how they handle the disputes.

Update on Remote Mediations and the Virtual Evolution of ADR

(10/30/20)Linda Singer

During past eight months, due to the coronavirus pandemic, mediators, lawyers and clients have experienced something once inconceivable: Almost all mediations have been conducted remotely.

Conflict and Culture on a Voyage to Mars

(10/30/20)Lorraine Segal

Survival depends on understanding and working together.

What To Do When Parties Attribute Bad Faith Motives To Each Other

(10/30/20)Jonah Orlofsky

Nearly all mediations involve parties that view the same facts in a very different light. But in a great many mediations, the parties go further.

Suggestions for Virtual Jury Trials

(10/30/20)Renata Schaffer

Virtual jury trials have become a hot topic of conversation since COVID-19 made close quarters, in-person gatherings difficult and unsafe.

Virtual jury trials have become a hot topic of conversation since COVID-19 made close quarters, in-person gatherings difficult and unsafe. Because criminal cases often require a twelve person-jury, the courts have begun assessing this new situation and discussing how to have a fair jury trial while abiding by CDC guidelines.

The Civil Jury Project at NYU School of Law has posted a report written by Stephanie Parker and Jennifer Weizenecker, who both attended a recent virtual mock trial that was held via Zoom and hosted by the Civil Jury Project. In the report titled “Suggestions for Remote “Zoom” Jury Selection,” the authors discuss panel size, jury selection questionnaires, technology issues, time limits, instructions for the jury, and more.  It’s an informative report describing specific issues for this new, online environment that need to be considered in order to improve virtual jury trials.

Parker and Weizenecker suggest the following areas for improvement:

Currently, there is not a remote platform designed for jury trials. It is our understanding that the Civil Jury Project at NYU Law School has contacted Zoom urging the design of an intuitive, user-friendly, litigation/trial specific platform resembling a real courtroom. Here are some additional suggestions related to the design of that platform:

  • As stated above, allow the locking in of juror position on the screen;
  • As stated above, put limitations on the chat function;
  • Ability of judge (host) to control what participants see on their screen instead of participants using individual settings, so that everyone sees the same thing on their screens;
  • Objection button for counsel to object, which would eliminate the need for counsel to verbally interrupt in front of the jury;
  • Integration of documents with the platform including: impeachment folders, exhibit folders, and verdict form;
  • Better capabilities for interaction with demonstrative aids, especially when using PowerPoint.

Although the mock Zoom jury trial and report do not specifically address criminal cases, the lessons learned can be useful for improving most virtual jury trials.

Deescalating Verbal Attacks

(10/26/20)Patricia Porter

After 28 years of marriage, you wouldn’t be surprised to hear me say my husband I and get into arguments, at times.

Texting Your Way To Resolution!

(10/26/20)Phyllis Pollack

Perhaps in our lives we need to take a cue from hostage negotiators.

An Academic Journal on Hispanic America Online Dispute Resolution

(10/26/20)Alberto Elisavetsky

The inaugural ODR journal: Opening Ways of Knowledge for Hispano America.

What Is E-Mediation?

(10/26/20)Kayla Matthews

The internet has become an indispensable business resource as more companies rely on online tools.

Bedrooms, Bookcases, or Beaches: Choosing and Organizing Your Background with Purpose

(10/26/20)David Ross

Today’s post explores how best to present yourself in a virtual mediation.

Mediation In Greece

(10/26/20)Tsiptse Olga

This article discusses mediation in Greece, how the “Journey” started and the current situation.

Una Revista Academia Sobre ODR

(10/19/20)Alberto Elisavetsky

Abriendo Caminos de Conocimiento para LatinoAmerica

Because Mediators Deserve a Personality Test Too

(10/18/20)Clare Fowler

This is a personality test, just for those in the dispute resolution field. Because mediators deserve a personality test too.

The Singapore Convention and the JAMS/SCMC Joint Mediation Panel

(10/16/20)Gary Birnberg, Ranse Howell

This article discusses new opportunities for cross-border mediation, collaboration and dialogue.

Evaluating Mediation’s Future

(10/16/20)Beth Graham

In her journal article, Professor Archerd advocates for using facilitative techniques to distinguish mediation from other alternative dispute resolution mechanisms.

Mediated Settlement Agreements in India - To Enforce or Not ?

(10/09/20)Ved Thakur, Yash More

Article 30 of the UNCITRAL Model Law on International Commercial Arbitration encourages resolution of disputes through a settlement between parties by way of mediation.

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