Ron stared. The car was beautiful. All shiny black metal and gleaming chrome everywhere. Turning to the man beside him, whose name was Dave, He asked about the car. “Isn’t she lovely?” “Uh huh. How much?” ‘$26,000. ‘You gotta be kidding. Blue book is $23,000!” “Blue book for this car, in this condition, is $26,500.” …
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 …
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 …
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 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 …
When creating a contract, few people imagine that they will need to use the frustration of purpose to stop performing under the contract. However, no one can foresee how things will happen as the contract moves on, and events can render the contract useless to its purpose. Contracts are agreements between two or more parties …
When parties have elected to participate in an arbitration, they may choose to take advantage of a guarantee for recovery based on high-low arbitration. The practice has grown in popularity in personal injury and medical malpractice arbitration but is still relatively new to the alternative dispute resolution world. Some critics of the process believe that …
When negotiating, the parties must find the zone of possible agreement or the ZOPA. Finding this zone will not only help the parties identify a way to agree with one another, but it will also help frame the negotiation to ensure that it can be completed. When the parties can identify the ZOPA, they can …