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Negotiation Articles
Negotiation ArticlesMediation and Access to Justice for All: The Case of Unrepresented PartiesLegal systems around the globe are grounded in the rule of law and in theory, justice is available readily and equally to all. In practice, however, access to justice is easier for some than for others, and for those unable to afford legal services, justice may be difficult to obtain. Courts Should Make Mediation Good Samaritans not FrankensteinsUsing a recent California appellate decision as a jumping off point, it identifies problems with mandatory mediation and recommends that courts use good dispute system design procedures to reduce risks of creating Frankensteins – mediation that produces injustices. The Choreography of MediationI’ve always thought of mediation as a process more akin to art than to science. Artificial Intelligence, ODR, The Black Swan, and ...Imaginative CellsThis article discusses our concerns: how it has cost us and it is difficult for human beings to understand what are the steps we have to take in order to achieve the future. Approaching Custody with Reason vs. RancorNo matter how a couple may approach questions involving parenting after divorce, the answers are never easily derived. Are They Crazy? No, Just HumanThe strategies and practices neutrals pursue to meet the psychological behaviors of people in conflict are central to an understanding of the effectiveness of mediation and various negotiation techniques utilized by mediators in helping parties resolve their dispute. Online Dispute Resolution: Mediating in the Time of COVID-19It’s clear that COVID-19 has catapulted Online Dispute Resolution (ODR) into the spotlight. In this universally stressful year, there is great promise for online mediation. Conflict Resolution Professionals as Politicians – Gary Friedman's ExperienceHave you ever thought about how different things would be if high level conflict resolution professionals were more involved in politics? Eviction Mediation Insights from Two Successful ProgramsAs efforts ramp up to address the impending eviction crisis, I thought I’d revisit studies of two existing eviction mediation programs (in Minnesota and St. Louis) that were published last year. Cryptocurrency and DivorceNaturally, as a Divorce Financial Advisor, I began thinking how these types of crypto assets were going to impact divorce settlements. We Should Replace Mediation Models with a Unified Conceptual FrameworkA quarter century ago, Professor Leonard Riskin published an article describing a grid of mediator orientations including a facilitative-evaluative dimension. Mediation and Co-Parenting: Why It WorksAs difficult as a divorce can be for a married couple, it can be just as upsetting and confusing for the children of the relationship. Modeling for the World: Five UN Agencies Pledge to Accept Mediation RequestsThe United Nations this week took a big step in modeling conflict resolution for resolving workplace disputes. An Alternative to Litigation – Mediation and the Impact of Non-Verbal CommunicationA skilled mediator will rely on his/her professional expertise to evaluate each mediation's participants and then proceed with the appropriate approach for each mediation session. Progressive Discipline, the Misunderstood Frontier - Part 4Larger companies in the industry have access to formalized systems including human resources departments--what about others? An Offer You Can’t AcceptThis article discusses pitfalls to avoid with settlement offers made under Code of Civil Procedure section 998. Divorce and Property Division: Am I Entitled to More Because my Spouse Ruined Our Marriage?There are a lot of reasons why couples decide to get divorced. Financial troubles, lack of communication, continual arguing, unrealistic expectations, lack of intimacy, infidelity, and abuse are among the more common reasons why couples split up. Consensus Instrument for Work RelationshipsIn view of this article’s theme, which concerns the management of labor conflicts, we will focus in particular on the legal institute of mediation and its effectiveness. Bring Your BeingMediation is the fine art of getting everyone on the same page. To do this, one must bring their whole being to the table, to be present, and to look past their own biases to see the real person on either side of the issue. Mediation Within the Conscious BusinessThe place of mediation in "the Conscious Business" proposed by executive coach Fred Kofman. Does Your Work Culture Promote Psychological Safety?Psychological safety is an important element in successful, productive work cultures. So what does that look like? 5 Smart Financial Tips to Plan a DivorceIt can be easy to get so wrapped up in the details of the present you forget about what is next. Do not make that mistake! How you Approach a Disagreement MattersSeparation is challenging; going through a separation during a pandemic can be more challenging. The History of Mediation and Why It Is Still in Use TodayTo understand mediation, you must examine the reason behind having a mediator. International Patent Litigation and MediationAs many of you may know, mediation is not used as often as it should be to resolve international patent litigation. But is this also the case within the industry? |
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