Negotiation Articles

Negotiation Articles


Mediation Strategies: A Lawyer’s Guide To Successful Negotiation

(10/17/17)Michael P. Carbone

Every successful negotiation requires that you have a sound strategy. In this article I will explain the steps that I believe you should follow when developing a mediation strategy.

Changing Your Direction in Conflict

(10/13/17)Cinnie Noble

What insight do you have into your conflict?

Bio-physiology and DR

(10/13/17)Shirli Kirschner

Studies of the human response to conflict have confirmed that at the level of our body the response is the same as the human response to stress.

Difficult Conversations Deplete the Brain’s “Processing Power”

(10/13/17)Tammy Lenski

Working memory is like a mental sticky note, cognitive workspace for holding and processing information relevant to whatever we’re doing or about to do.

Prevalence of Employment Arbitration is Measured

(10/13/17)F. Peter Phillips

Two recently released survey reports measure the pervasive use of arbitration to resolve workplace disputes.

What ADR Professionals Can Learn from Litigating Divorce Lawyers

(10/13/17)Larry Gaughan

Well over 90% of all divorce cases are resolved by agreements, but there are two divergent methods for negotiating those agreements.

Challenges to Starting an American Middle-Eastern Cross-Border Mediation Center

(10/13/17)Alia Ismail

Starting a cross-borders mediation center between the US and the Middle East requires interacting with professionals on both continents. Despite appearing differences within both cultures, it seems when programmed patterns are utilized, and no longer serve, professionals shift their behaviors to the total opposite.

Sunk Costs and the California Law Revision Commission

(10/06/17)Phyllis Pollack

On September 28, 2017, the California Law Revision Commission met to review the public comments it had received to its Tentative Recommendation (issued in June 2017) following its study to create an exception to mediation confidentiality (Study K-402).

Conflict Chat: Challenges In Working In A Gig Economy - Audio

(9/29/17)Stephen Kotev, Patricia Porter

Got Conflict? Are you a worker taking on short projects or “gigs?”

Expanding The Benefits of An Apology!

(9/29/17)Phyllis Pollack

On July 13, 2017, Hong Kong’s Legislative Council passed an Apology Law.

How Does Your Mediator Add Value?

(9/29/17)Bernard Morrow

Most of us don’t go to the symphony to watch the conductor or to a sporting event to see the referees in action, but imagine the chaos without their participation.

Ten Reasons Why Mediation Creates a Holistic Approach in Generating More Love & Compassion in Family Conflicts

(9/29/17)Denisha Shah

The article is about general foundations and principles of family conflicts in relationship to mediation focus. The overall article is a summary study in 10 steps for family conflicts through mediation process.

Why You Should Avoid Trial and Mediate Instead!

(9/22/17)Phyllis Pollack

We all have cognitive biases.

Disagreeing

(9/22/17)Maria Simpson

“Recognize the strengths of the other guy’s argument and the weaknesses of your own. Keep an open mind while listening.” - by Jake Sullivan.

10 Things to Consider Before Signing a Prenuptial Agreement

(9/14/17)Debbie Smith

So you need to determine things to consider before signing a prenuptial agreement and don’t know where to start?

Join the Resistance

(9/08/17)Tammy Lenski

When we notice resistance, a typical response is to try persuading them out of their resistance.

How ADR Can Help Keep Confidential Agreements Confidential

(9/08/17)Richard Posell

The problem of access to and maintenance of the secrecy of contracts or contract terms that are “confidential” by agreement is a common one in litigation.

When Does Conflict Move in a Good or Bad Direction?

(9/07/17)Peter T. Coleman

We should work hard to approach conflicts as mutually shared problems.

Mastering the Art of Negotiation - Book Review

(9/06/17)Joshua N. Weiss

This is a book review by Joshua Weiss of the book Mastering the Art of Negotiation.

The Power of Silence

(9/01/17)Phyllis Pollack

While I have known that silence can be a powerful tool in my mediation tool box, I never really thought about until I read a recent article posted on the BBC news website called “The subtle power of uncomfortable silences."

Using ADR Ideas to Negotiate Divorce Agreements

(9/01/17)Larry Gaughan

In negotiating a divorce agreement, it’s important to understand how the spouses negotiated with each other during their marriage.

When a Dispute "Win" May Prove Shortsighted

(9/01/17)Michael Toebe

This is a brief examination of a dispute between the Washington Redskins NFL football team and the government over the franchise's team name, which many see as racist. The organization won in court, yet did they really "win?"

I Hear You

(9/01/17)Joy Rosenthal

“I hear you.” Listening is a very simple act.

The Role of Emotional Intelligence in HealthCare: Bridging the Gaps of Communication

(9/01/17)Melanie Frizzell

The goal of this article is to provide tools for health care employees and employers to support everyone acting with greater emotional intelligence.

Arbitration: Third Party Funding Developments in Asia

(9/01/17)Meriam Al-Rashid, Diora Ziyaeva

As practitioners and clients alike are well aware, international arbitration is not without its risks.

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