One of the most noticeable issues that could arise in a negotiation or mediation is an imbalance of power. Often one of the hardest issues to overcome if the neutral or the parties are not prepared, and still difficult when the neutral is prepared, an imbalance can easily throw an otherwise successful dispute resolution process.
How do you resolve a civil dispute? This question may have been presented to you before, but for many, the question is not considered until they are in the midst of a dispute themselves and trying to figure out ways to solve the dispute. Disputes are often disagreements about employment, contracts, money, and other issues …
Of all the departments that will need to deal with conflict effectively in a workplace, the human resources department is the most likely. Outside of the hiring process, most employees will only interact with human resources during times of conflict, which often makes human resource departments the least favorite team to interact with for an …
The word impasse has a particular meaning when it applies to alternative dispute resolution. The Collins English Dictionary defines the impasse noun by describing a situation, particularly, “If people are in a difficult position in which it is impossible to make any progress, you can refer to the situation as an impasse.” While the meaning …
Many people have gone through, or at least heard of, divorce mediation. In that process, parties try to reach agreement about the division of property, spousal and child support, custody and visitation. Of course it doesn’t solve everything. All of these ideas are fairly familiar.
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 …
A book by Stephen Goldberg, Jeanne Brett, Beatrice Blohorn-Brenneur, and Nancy Rogers presents a concise primer on what participants can expect from the mediation process. As academics, the authors ground their discussion in theory, starting with an explanation of the differences between conflicts and disputes and how disputes can be resolved regarding power, rights, and …
Mediation is a dynamic process. This can mean stepping back, leaning out, and adopting a process that empowers the parties to set their own agenda and seek outcomes that may greatly vary from the objectives set forth in the briefs by lawyers who are trained as advocates more than problem-solvers. In disputes where distributive bargaining …
The vast majority of legal disputes aren’t ended due to a trial. But, at some point, the parties reach a mutually agreeable compromise, and the dispute is resolved. Mediation is one way to help parties reach an agreement if they can’t do it themselves. Attorney Richard Shore, writing in Forbes, has these ideas to help increase …
In response to my question, “Do you use “BATNA” wrong?,” I plead guilty with an explanation. With the patient teaching of my friends, Hiro Aragaki and Sanda Kaufman, I have come to see the error of my ways. I was concerned because BATNA – the Best Alternative to a Negotiated Agreement – has become part of the vernacular, …