Negotiation Articles

Negotiation Articles


Mediate.com Great Reads Book Club - Jean Sternlight & Jennifer Robbennolt, with John Lande

(11/23/21)Jean Sternlight, Jennifer Robbennolt,, John Lande

An additional episode of Mediate.com's Great Reads Book Club with Prof. Jean R. Sternlight and Prof. Jennifer K. Robbennolt discussing their book "Psychology for Lawyers: Understanding the Human Factors in Negotiation, Litigation, and Decision Making" interviewed by Prof. John Lande.

Why is Gray Divorce Becoming Increasingly Common?

(11/22/21)Roseann Vanella, Carmela DeNicola

A “gray divorce” occurs when a senior couple ends their marriage after years or decades of togetherness.

How to Stay Calm During Difficult Conversations (like at Thanksgiving!)

(11/22/21)Bob Bordone

Have you wondered how to control your emotions during a difficult conversation or how to stay calm during a difficult conversation?

Moving from Elder Frustration to Family Redemption: Book Review

(11/22/21)Nicole Lance

Provide insight about the developmental phase of elders, for the purpose of closing the communication gap and improving outcomes. Mediators can play a unique role by translating insights about elders’ developmental stage into actionable outcomes for everyone.

Focusing on Alternative Dispute Resolution: A Conversation With Two JAMS Neutrals

(11/22/21)Betty Weinberg Elerin, Sherry Klein Heitler

Both of these accomplished women have handled thousands of cases in multiple areas of the law.

Virtual Mediation in Today’s World: A Pandemic Success Story

(11/22/21)Caroline Antonacci

When the legal profession began to experience the impact of the COVID-19 pandemic, I wondered specifically how it would affect alternative dispute resolution. I was not so concerned about arbitration.

Using Questions for Enlightenment

(11/18/21)Andre Oosthuizen

It has frequently been said that negotiation is not an act of war, but a journey of discovery.

How to Work Effectively with Your In-House Counsel

(11/16/21)Caryn Cridland, Mylene Chan

During the 2021 CPR International Conference, held online Oct. 6-7, CPR’s Young Leaders in Alternative Dispute Resolution Steering Committee presented “How to Work Effectively with Your In-House Counsel.”

CPR International Conference Highlights: ‘Effects on Cross-Border Disputes After the Singapore Convention’

(11/16/21)Bryanna Rainwater

According to the Singapore Convention on Mediation’s website, the Convention is a “multilateral treaty which offers a uniform and efficient framework for the enforcement and invocation of international agreements resulting from mediation.”

Mediation in Art Law: A New Era with the CAfA?

(11/12/21)Hetty de roji, Sima Ghaffari, Amin Motamedi

This article examines the new process for Mediation before the Court of Arbitration for Art (CAfA).

“When Patterns Are Broken, New Worlds Emerge”

(11/08/21)Cinnie Noble

The relevance of this quote by Tuli Kupferberg to interpersonal conflict may not be immediately evident. But, through my work as a conflict management coach, and in my own experience, I am aware that we tend to get into patterns about how we react to things that provoke us.

What I'm Reading – Collateral Damage of War

(11/08/21)John Lande

War is the worst method of dispute resolution.

Being Prepared

(11/08/21)Martin Rosenfeld

Here is a classic quote by Benjamin Franklin: “By failing to prepare, you are preparing to fail.”

Tips to Navigate Conflict in the World of Social Media

(11/08/21)N. Damali Peterman

As an alternative dispute professional whose job is to navigate conflict daily, I am often asked how I would handle certain situations. Recently, I was asked how to avoid engaging in social media battles.

What Makes Someone Ask for a Divorce

(11/07/21)Natalie Maximets

“What makes someone leave one partner for another? Or what forces someone to ask about divorce?” These are the most common questions asked on different divorce blogs and forums.

Social Security Benefits and Divorce

(11/05/21)Mary Salisbury

Social Security benefit rules are complex and confusing, and even more so when you get a divorce.

ODR Ethics Case Study 1: Confidentiality v Self-Determination

(11/05/21)Julian Granka Ferguson

At the moment, practitioners have relied on traditional ADR standards and guidance to consider the ethical concerns involved with using ODR, even though they are less than ideal when applied to technology.

Double Hatting In Dispute Resolution

(11/05/21)Mukti Rijal

The term ‘double hatting’ does denote the wearing of two hats by a person signifying that the same person who is appointed as mediator is also agreed to perform the role of an arbitrator in case mediation process fails to help settle the dispute in succession.

The Future of Business So Conflict Doesn’t Disrupt It

(11/03/21)Carmela DeNicola

There is no return to the “old normal;” firms have to adapt to an increasingly uncertain future.

Mediation: The Human Face of Conflict

(10/30/21)Jacques Joubert

The therapeutic value of a private one-on-one session means that participants are more likely to confide in the mediator.

Mandatory Mediation in India - A Step Forward?

(10/30/21)Aashna Reddy, Udai Nanda

“I think the time is ripe to devise a comprehensive legislation which contains compulsory pre-litigation mediation and a remedy for the biggest drawback in a mediation agreement."

How Can We Evolve From Our Unresolved Conflicts?

(10/29/21)Peter Adler

I see many examples of people struggling to get beyond everyday gridlock. Still, in Hawaii, we seem stuck in a stewpot of persistent, unresolved, larger political, economic and cultural conflicts.

The Impending Battle for the Soul of Online Dispute Resolution

(10/29/21)Beth Graham

Oladeji Tiamiyu, Clinical Fellow at Harvard Law School and Host of Convergence, a podcast exploring the intersection of technology and dispute resolution, has published a timely article titled, “The Impending Battle for the Soul of ODR: Evolving Technologies and Ethical Factors Influencing the Field.”

Tips to Navigate Conflict in the World of Social Media

(10/29/21)N. Damali Peterman

An ADR Expert’s View on Finding the Right Approach.

“What Should I Wear?” - Making Choices and Online Dispute Resolution To The Rescue

(10/25/21)Lucia Kanter St. Amour

Steve Jobs famously wore the same black turtleneck, blue jeans and New Balance sneakers every day. Do you know why?

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