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Negotiation Articles

Negotiation Articles


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.

Paradox in Mediation: The Wall of Pin Stripes And the Power of Self-Determination

(6/02/17)Gregg Relyea

This case of the "wall of pin stripes" provides an example of the paradox of mediation.

Accountability

(6/02/17)Joe Markowitz

This article describes a process. The process the parties engaged in was so expensive and time-consuming that they felt abused by that system.

Negotiation - Part 4

(6/01/17)Pete Desrochers

This article is the 4th in a series on Negotiation, entitled Strategic Negotiation.

Study: Results Point to the Value of a Joint Session

(5/26/17)Bernard Morrow

The use of the joint session in mediation has been a hot topic of study and debate in recent years.

Need Help Getting Your Spouse to the Negotiating Table?

(5/26/17)Eileen Coen

What happens when you want to use mediation for divorce, but your spouse doesn’t? It’s a fairly common situation but not a hopeless one — so don’t give up before trying some tried and true strategies to bring them onboard.

Chasing Dinosaurs

(5/26/17)Bruce Edwards

When I first began a career in mediation, almost thirty years ago, we often needed to convince others of the benefits of mediation.

A Real Case of Prisoner’s Dilemma

(5/22/17)Phyllis Pollack

One of the first things I learned about in game theory was the prisoner’s dilemma.

The Profound Apology

(5/22/17)Greg Rooney

An apology can be given on many levels from a general acknowledgement at one end of the spectrum to a profound apology at the other end.

The Joy Of Impasse: The Neuroscience Of ‘Insight’ And Creative Problem Solving

(5/16/17)Robert Benjamin

Most novice and experienced conflict mediators alike feel themselves viscerally tighten in the face of an impending impasse. However, current studies in neuroscience suggest that frustration can be useful in fomenting creative problem solving.

Mediation Shouldn’t Be More of a Barrier Than a Boon

(5/12/17)Susan Yates

When it comes to defining mediation, I am not a strict constructionist.

Negotiation - Part 3

(5/12/17)Pete Desrochers

We all function through thinking processes we develop from early childhood. These “mindsets” determine how we react, how we analyze, how we plan and how we make decisions.

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