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Negotiation Articles

Negotiation Articles


The Psychology and Neurobiology of Mediation

(8/11/17)Elizabeth Bader

From a psychological perspective, the most important problem in mediation is that people take the conflict personally and the outcome of the mediation as a reflection of who they are. This article deals with the psychology and neurobiology of this phenomenon, and how to deal with it in mediation.

Elementary, My Dear Watson!

(8/11/17)Andrea Maia

Nowadays, there are two recurring questions regarding Artificial Intelligence that are very difficult to be answered: How far will humans interact with machines? And until what point humans can be replaced?

13 Tools for Resolving Conflict in the Workplace, with Customers and in Life

(8/08/17)Lee Jay Berman

Conflict happens. It is inevitable. It is going to happen whenever you have people with different expectations. Here are some tools for avoiding and resolving disputes in the early stages, before they become full-blown conflicts.

The Need to Dance; the Fear of Failure

(8/08/17)Phyllis Pollack

The other day, I received a telephone call from an attorney wondering if I could conduct a mediation on very short notice.

Soft Skills Are Back in Style

(8/08/17)Maria Simpson

In this digital world, the so-called “soft skills” are suddenly getting a lot of attention and being recognized as a key element of organizational development and improved performance.

Prenup? That’s Good News!

(8/08/17)Joy Rosenthal

Your wedding day is only a few months off and your fiancé nervously mentions that he would like a prenuptial agreement.

Formula for Success

(8/03/17)Steven Goldman

This article deals with a formula for success in mediating and fostering positive interactions and outcomes: C + S + T – AR = SI, collaboration, plus synergy, plus teamwork, minus adversarial relationships, equals successful interactions.

Access to Information and Justice: Where does ODR lead us to?

(8/03/17)Jie Zheng

This is an article describing the 2017 Online Dispute Resolution Conference in Paris.

Bill Richardson: America’s hostage negotiation strategy is broken

(7/28/17)Jeff Thompson

"The blame is theirs. The lesson for us is that America’s hostage negotiation strategy is broken."

5 Tips for Adding Video to your Mediation Practice

(7/28/17)Justin Kelsey, Julie Tolek

As more services go digital, it is necessary for legal and mediation professional to follow the trend. Clients expect an equal level of convenience and access in purchasing legal and mediation services that is provided in other online services.

Increased Complexity of Commercial Disputes Requires a New Approach

(7/28/17)Robert Bergman, Jonathan Ewing

The cost of commercial litigation continues to rise, as a highly politicized world produces pervasive economic and policy uncertainty.

Cooperation with a Competitor

(7/21/17)Charlie Irvine

Morton Deutsch, the great social psychologist of common sense, explained the difference between competition and cooperation thus: “if you’re positively linked with another, then you sink or swim together."

California Mediation Confidentiality Will End, Unless…

(7/14/17)Ron Kelly

Mediation confidentiality in California will end on January 1, 2019...unless YOU take action now.

If Only…?

(7/14/17)Phyllis Pollack

Have you ever asked yourself, “What if I had taken a different route? Then I would not have been involved in the auto accident?”

Culturally Competent Compassion in Mediation

(7/14/17)Michelle Brenner

What does culturally competent compassion mean? Is it knowing when and to whom, male or female a hand should be offered?

How Mediation Works: Theory, Research, and Practice - Book Review

(6/30/17)F. Peter Phillips, Stephen Goldberg

This is a review of Stephen Goldberg's book How Mediation Works: Theory, Research, and Practice.

WIN-WIN in Practice: Mediation Helping with Sports Disputes and Sports Disputes Helping Mediation

(6/30/17)Martin Svatos

Minor sport arbitration was heading towards rendering of an award which none of the parties would have been happy about.

The New SHRM Competency Guidelines

(6/23/17)John Ford

Should HR professionals mediate internal workplace disputes?

Mediation on Broadway-The Dramatic Lessons of OSLO

(6/16/17)Richard Lutringer

Oslo by J.T. Rogers, awarded a Tony on June 11, 2017 for best Broadway play of the season, documents the backstory secret negotiations which led to the Israeli-P.L.O. Peace Accord of 1993. This negotiation highlights the power of humility, patience and persistence.

It Takes A Solomon: Tearing Children Apart in Divorce

(6/16/17)Jacqueline Burnett-Brown

When a couple with children decide that it is time to divorce it is important for them to remember they are not divorcing their children, nor are they divorcing their shared role as parent.

How to Mediate a Prenuptial Agreement

(6/14/17)Laurie Israel

Marriages can be damaged by a destructive prenup or by a harsh prenup negotiation process.

The Case for Early Mediation; Part I of II

(6/09/17)Michael A. Zeytoonian

Before we talk about mediation and the value of early mediation, let’s start with two key questions to ask yourself about your dispute.

How Can the Presence of a Mediator INCREASE Party Self-determination?

(6/09/17)Dan Simon

When discussing different forms of conflict intervention, the various processes are sometimes listed in order of increasing party control.

Model Standards of Mediator Conduct: Time for Revision?

(6/09/17)Sarah Cole

Is it time to revise the Model Standards for Mediators?

A Bully in Real Life

(6/02/17)Phyllis Pollack

Life’s lessons come when you least expect them, and my mediation training comes in handy at such unexpected times.

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