Negotiators often face a dilemma in negotiation—should I claim this value for myself and force the other side to concede, or should I work to create value here so that I can claim more value for myself later on? This dilemma forces many negotiators into positions that they do not want to be in, and …
Allen Brent smirked across the negotiating table at Sheila. “You know, Ms. Baker, you haven’t got a snowball’s chance of winning. I’m authorized to offer you three months’ salary and a waiver of costs in return for complete dismissal, No more.” “Three months! That’s unfair. Renee got a year! And she didn’t have my medical …
I’ve been doing appellate mediation since the program began, and I’ve been genuinely surprised by the success rate. At the program’s inception, I anticipated a significantly lower success rate than I’ve had with non-appellate mediations — but it’s about 70%, which isn’t much lower than my rate for other matters. While my approach to conducting …
If you or someone you love was injured in some way, you may be wondering how to win your personal injury claim. Personal injury claims make up a large portion of the civil claims that are heard each year because people will often be hurt by negligence or other conduct on the part of manufacturers, …
By Vivian Scott We are a great group of people, us mediators. We understand how emotions and values play into conflict, we recognize the power in a solution that fits both parties’ needs, and we approach the world with a quiet confidence that any disagreement can be resolved. I love that about us. Too bad …
By Scott C. Van Soye “Blessed are the peacemakers.” We value peacemakers. We may even aspire to be among them. But often we have no firm conception of what it means to “make peace.” Does it mean to cause the cessation of conflict, by whatever means? Or does it refer only to non-violent efforts to …
By Doug Noll I use the term peacemaking to describe the values and processes involved in transforming difficult and intractable conflicts. Peacemaking encompasses mediation; however, mediation, especially mediation of litigated disputes, does not necessarily include peacemaking. Knowing the difference is useful because it can influence the processes and interventions used by mediators. Ten Principles of …
By Kristofer S. Michaud Dispute Resolution Systems Design and Implementation in a Corporate Setting Increasingly, corporations recognize the value of a Program for managing workplace conflict that precludes litigation. These systems are designed by trained ADR consultants retained by the company on a contract basis. In order to implement such a Program, there must first …
By Zachary Ulrich Why Parties Sometimes “Take Things Personally,” And What Mediators Can Do About It Have you ever had someone blame you for something when there was nothing you could have done to change the situation? For example, have you ever made a promise to someone (say, to be at a certain place at …
By Greg Wood Arbitration offers many advantages in addressing and resolving disputes, specifically intellectual property disputes. Among these advantages are: party control (the parties retain control of the process and issues to be decided to a greater degree than if the matter was submitted to the courts), certainty of forum (the risks of inconsistent results …