This article examines the predictability of distributive bargaining between two negotiators, and conditions that might distort that predictability. It also introduces the important concept of the ‘negotiation dance,’ which is basic to the study of the negotiation process. Negotiation is a social act; of communication and discovery between two or more people, with the goal …
Mediation falls under the heading “alternative dispute resolution” (ADR). Alternative to what? Litigation, of course. Yet the courts now frequently require ADR as a pre-trial part of the litigation process. The co-opting of ADR into litigation has changed it. For example, arbitration has become more formal, lengthier, and costlier – so much so that corporate …
By Amy L. Lieberman, Esq. C- Level and senior executive conflicts are a different animal. Significant amounts of money and even entire businesses can be at stake. Personalities can be larger than life. Conflict at this level of any company requires both a pragmatic and diplomatic approach. Individual and even corporate reputations can be ravaged, …
What does the perfect arbitration agreement look like? If you are seeking one agreement that will be ideal across the board, there is no such thing. Of course, there are provisions that should be in your arbitration agreement. Before discussing how to draft the perfect arbitration agreement, we should consider some of the arbitration’s imperfections. …
Conflict resolution models are a helpful tool when the inevitable conflict in a relationship shows up. Conflict is a part of everyday life, and there are a variety of ways that people deal with conflict. Each strategy for resolving conflict will have strengths and weaknesses, and no one model will perfectly resolve every conflict. Evaluating …
Preventing and avoiding conflict is a basic human need and reaction. Conflict can be messy, emotionally, and overwhelming, so if it can be prevented, most of us would choose to do so. Unfortunately, conflict is a part of everyday life. It can be difficult to avoid it entirely without creating a life that holds nothing …
Business communication strategies are vital to ensuring effective communication between a business and its audience. Communication is essential to any business, regardless of the product or service. Poor communication within the business can lead to many issues for the business, both from employees and consumers or clients alike. Understanding how to effectively communicate with a …
There may be a communication problem when the workplace is missing the flow and is just not working the way it should. Workplaces are a common spot for communication issues to pop up. Coworkers are often not privy to each other’s communication styles, and pressure surrounding projects can cause a breakdown. These issues, if left …
When a dispute arises during a construction project, the parties may use the AAA Construction Rules, which cover arbitration and mediation procedures for construction disputes governed by the American Arbitration Association. It allows the parties to a dispute to attempt to resolve their disagreement without going through a trial and litigating the dispute in front …
When a union laborer feels that their employer violates their contract, they often face the process of filing a grievance. Unfortunately, this process can often feel overwhelming and discouraging in workplaces, so many instances go unreported. For this reason, this article attempts to explain the grievance process to better aid laborers in the steps to …