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Negotiation Articles

Negotiation Articles


Is an Adversarial Process Our Best and Highest Good? The Case for Early Mediation

(1/19/18)Michael A. Zeytoonian

Disputes are a part of life. On all levels, in most relationships, we disagree about things.

Language Patterns and Mediation

(1/19/18)Georg Stratemeyer

This article is a summary of techniques I use to identify when parties to a mediation use language patterns intended to avoid responsibility making it difficult to reach an agreement. This includes examples and techniques a mediator can use to manage responsibility mitigating language.

Hiring a Divorce Attorney? Buyer Beware

(1/19/18)Mark Baer

John Keith wrote the following: “It is inherent in our role that we fight other peoples’ battles, but this duty encourages us to identify with our clients and view their battles as our own.”

When the Day is Done

(1/12/18)Cinnie Noble

When you consider what is most important to you about the conflict and the other person, what is the optimum way of proceeding, do you think?

Family Counseling to Resolve Conflict?

(1/12/18)Jacqueline Burnett-Brown

If you are a member of a family, whether it is as father, mother, child, sibling or an extended member, there will be conflict.

Conflict Resolutions for 2018!

(1/05/18)Cinnie Noble

Oh my goodness, another year has passed and I would like to wish you all the very best for 2018. May it be a peaceful, loving and joyful one for you and yours!

Eye of the Storm Leadership: Guerilla Bridge Building

(12/27/17)Peter Adler

Guerilla warfare is unconventional. Instead of relying on large, slow moving armies and doctrines of overwhelming force, guerillas depend on invisibility, highly portable weapons, quick ambushes, booby traps, and hundreds of pressuring tactics that achieve practical offensive or defensive results.

ISO Strong Mediator

(12/22/17)Arthur Pressman

As I approached this article, I expected that how our members describe what qualities they want in a mediator would depend upon the case, the side the lawyer is on, the opponent, one’s own client, and mostly how the lawyer sees the mediator’s role. My research proved otherwise.

Aboriginal and Torres Strait Islander people and ADR

(12/15/17)Shirli Kirschner

This topic is a sizable one which raises many sensitive and complex issues well beyond the scope of any snapshot overview.

Getting Woke: How Do We Awaken A Sense Of Injustice?

(12/08/17)Peter T. Coleman

This article is number 8 out of 10 Big Ideas on Peace and Justice from the Career of Morton Deutsch.

Conflict Audit: How Much Is Conflict Costing Your Organization?

(12/01/17)John Ford

Finally discover how to quantify the direct and hidden Costs of Conflict.

Lawyer-Mediators: Time to Update your Mediation Agreement?

(12/01/17)Robert Lenrow

Answering mediation questions, such as: May lawyer-mediators providing mediation services through a company (not a law firm) use the designation ”Esquire” or “Esq.” after their names?

Attention Mediators in the State of Texas: Mandatory Training Required for Family Neutrals by January 2018

(12/01/17)Barbara Allen

To be qualified to serve as an impartial third party under Subchapter C, Chapter 154 of the Civil Practice and Remedies Code, additional training is required of Family Mediators and other third party neutrals on or before January 1, 2018.

Lessons From the ABA's Excellent Report on Mediator Techniques

(11/27/17)John Lande

The ABA Section of Dispute Resolution Task Force on Research on Mediator Techniques recently released an excellent report really worth reading.

4 Quick Techniques to Help You Think Straight in an Argument

(11/27/17)Tammy Lenski

When we feel overwhelmed by a difficult conversation, we can get emotionally swamped and lose access to our good conflict resolution, communication, and problem-solving skills.

The NFL Should Try Mediation First

(11/27/17)Gerald Clay

Recently, 12 NFL players and 11 owners met privately to discuss the controversy over players kneeling during the national anthem, without any resolutions or results. What they need is a better technique: Mediation.

In Praise of (Good) Disagreements

(11/17/17)John Lande

As they say, if two people always agree, one of them is unnecessary.

An Overview of the New York Rules of Professional Conduct in the Context of Mediation

(11/17/17)Marcy Einhorn

In the spirit of Honest Abe, New York again celebrated Mediation Settlement Day on October 18 this year with a host of activities designed to promote mediation as a means of resolving disputes without going to court.

It Happened in Mediation - Believe It or Not

(11/10/17)Daniel Ben-Zvi, Michael Young

The authors have peeled back the protective cloak of confidentiality just enough to provide a glimpse of the wild, the unpredictable, and the utterly preposterous things that have happened in real mediations.

I Apologize For Suggesting It !

(11/10/17)Phyllis Pollack

Mediations and their participants never cease to amaze me.

Courts and Attorneys Aren’t Doing Enough to Inform Litigants about Their ADR Options

(11/10/17)Jennifer Shack

Donna Shestowsky at UC Davis School of Law has been researching the relationship between litigants and court ADR programs for quite a while.

The Case for a Fresh Approach to Commercial Cross-Border Mediation

(11/10/17)Gabor Farkas

In a world where international commerce and cultural exchanges continuously progresses, disputes are unavoidable. Solving these cross-jurisdictional disputes through litigation is painfully long.

ADR in the Regulation of Aged Care

(11/06/17)Shirli Kirschner

The role of ADR in the aged care sector has a chequered history with regulatory bodies and dispute resolution processes frequently changing in response to public concerns and budgetary considerations.

Go Back to the Future to Discover How Your Agreement Could Fail

(11/06/17)Tammy Lenski

When we’ve put in effort to solve a problem, we want our solution, decision, or agreement to have every chance at long-run success.

The Only Impartial Direction is Up

(11/06/17)Dan Simon

Here’s me trying to persuade another mediator that she’s not being impartial if settlement is her goal. I’m not going to be able to persuade her, but what do you think?

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