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Category: Negotiation

Overcoming The Fears Of Freedom, Responsibility And Loss:  An Opportunity Riding On A Dangerous Wind author.

Overcoming The Fears Of Freedom, Responsibility And Loss: An Opportunity Riding On A Dangerous Wind

This article was first published by the Missouri Lawyers Weekly.Parties caught in conflict often hold three fears: the fear of...

By Paula Young
Why Has Negotiation Gotten a Bad Name? author.

Why Has Negotiation Gotten a Bad Name?

You can't negotiate with terrorists. You can't negotiate with rogue states like Iraq and North Korea - that would be...

By Joshua N. Weiss
The Problem With “Peace”: The Art Of William Kentridge author.

The Problem With “Peace”: The Art Of William Kentridge

“It’s just a damn holiday greeting card---next, you’ll be dissecting why people say, good morning,” she said to me, with...

By Robert Benjamin
Rubbing Your Nose Off At The Grindstone author.

Rubbing Your Nose Off At The Grindstone

The last year and a half has been a stomach churning experience, watching America negotiate its way through the war...

By Wesley S. Helms

Mediation: It’s a Card Game, Isn’t It?

Think back to caucus sessions with positional parties. Do these refrains sound familiar? -- “They’re bluffing,” or “What have they...

By Michael Blackstock
What If I’m ‘Toast’ In The Morning? Negotiating Your Way Through Job Insecurity author.

What If I’m ‘Toast’ In The Morning? Negotiating Your Way Through Job Insecurity

Job security isn’t what it used to be. While many companies have gone through several cycles of down-sizing – or...

By Steven P. Cohen

Conversations With Phineas Gage: A Neuroscientific Approach to Negotiation Strategies

Honorable Mention in the Law Student Category2002 James Boskey ADR Writing Competition. The competition is Sponsored by the ABA Section...

By Edward R. Ergenzinger, Jr.
An Analysis of Principled Advocacy in the Development of the Uniform Mediation Act author.

An Analysis of Principled Advocacy in the Development of the Uniform Mediation Act

"Republished online with the permission of the NIU Law Review." I t has been a unique opportunity to serve, on...

By Gregory Firestone
Negotiating Skills For Managers (Book Review) author.

Negotiating Skills For Managers (Book Review)

Order at Amazon.comNegotiation vs Mediation When we mediate, we are engaged in the process of trying to help and persuade...

By Jon Linden
Why Mediation Works When Negotiations Fail author.

Why Mediation Works When Negotiations Fail

Recently, I served as a mediator in a dispute between two former partners in a business venture gone bad. The...

By Michael Roberts
Keep Those Feet Out Of Concrete author.

Keep Those Feet Out Of Concrete

Were he living, Al Capone could tell you a thing or two about putting your feet in concrete. In mediation,...

By Edward P. Ahrens
The Geo-political Factor In Negotiation author.

The Geo-political Factor In Negotiation

Chances are, after you wake-up, read the front page of the paper or listen to news about the latest international...

By Robert Benjamin
On Sex And Negotiation:  An Editorial author.

On Sex And Negotiation: An Editorial

There are only a few activities that fit the description of being core and fundamental to human survival and procreation....

By Robert Benjamin

Negotiations and other ADR with the Chinese

Cross-cultural negotiations and alternative dispute resolution (ADR)1 with the Chinese, in particular, exemplify how civilization clashes may be reconciled in...

By Urs Martin Laeuchli
The Representative At Mediation And Negotiation author.

The Representative At Mediation And Negotiation

Extract from J.H. Wade, Representing Clients at Mediation and Negotiation, Bond University Dispute Resolution Centre: Queensland, 2000What is a "representative"?...

By John Wade
Terry Waite:  A Study In Authenticity author.

Terry Waite: A Study In Authenticity

Terry Waite, is a hostage negotiator of international fame who knows both sides; after gaining the release of hostages in...

By Robert Benjamin
Getting Past No: Three Tips For Frustrated Real Estate Agents author.

Getting Past No: Three Tips For Frustrated Real Estate Agents

There are many reasons that negotiations for sale of a home can go wrong. Some can be resolved easily, some...

By Sterling Newberry

Seven Guidelines For Handling Conflicts Constructively

1. Ask yourself what it is you don't know yet. Keep in mind that you don't know what story is...

By Thomas Jordan
Mediation As Theater And Negotiation As Performance Art author.

Mediation As Theater And Negotiation As Performance Art

This article was first published in the ACR (Association for Conflict Resolution) Family Section Newsletter, Fall, 2001.Most conflicts are about...

By Robert Benjamin
How To Fight Fires Without Burning Bridges author.

How To Fight Fires Without Burning Bridges

A little over a year ago, I was boarding a flight from New Orleans to Dallas/Fort Worth when a couple...

By Steven P. Cohen
Mediating Technology Cases: Ten Tips For Successful Lawyer Advocacy author.

Mediating Technology Cases: Ten Tips For Successful Lawyer Advocacy

Mediation Comes to Michigan-Something Else to Learn! Just when you thought, "Finally, after all of these years of practicing law...

By Steven Schwartz
How to Best Aid Negotiation By Breaking Down Barriers author.

How to Best Aid Negotiation By Breaking Down Barriers

Republished with permission of CPR.Mediation of commercial disputes has risen significantly over the past decade. As the result of (i)...

By Bennett G. Picker
Should We Negotiate With Terrorists – A Counterpoint author.

Should We Negotiate With Terrorists – A Counterpoint

Washington Mediation Association President Cris Currie writes on the Mediate.com website that we should be willing to negotiate with all,...

By Darrell Puls
Bottom Line Negotiating: How A Little Negotiating Wager Can Break That Settlement Impasse . . . Or Make You Money Trying author.

Bottom Line Negotiating: How A Little Negotiating Wager Can Break That Settlement Impasse . . . Or Make You Money Trying

This article originally appeared in the February 2002 issue of The Federal Lawyer and is used with permission. “I am...

By Michael Young

Negotiation Traps

Although the human brain will always be something we marvel at, it is unfortunately not foolproof when it has to...

By Manie Spoelstra
Electronic Dispute Resolution<BR> NCAIR Conference Washington, D.C. author.

Electronic Dispute Resolution<BR> NCAIR Conference Washington, D.C.

A National Center for Automated Information Research (NCAIR) Conference Presentation Washington, DC May 22, 1996Table of Contents Introduction History Modes...

By Henry H. Perritt, Jr.
Should We Negotiate with Terrorists? author.

Should We Negotiate with Terrorists?

While it may seem that those of us in the field of conflict resolution have had little to say since...

By Cris Currie
Focusing On Interests author.

Focusing On Interests

Positions: Parties in conflict have a natural tendency to think and talk in positions. Positions are statements or demands framed...

By Department of Veteran Afffairs VA
Negotiating The New Health Care Minefields author.

Negotiating The New Health Care Minefields

A little over a year ago, I was boarding a flight from New Orleans to Dallas/Fort Worth. Sometimes I'm a...

By Steven P. Cohen
Focusing On Interests Rather Than Positions — Conflict Resolution Key author.

Focusing On Interests Rather Than Positions — Conflict Resolution Key

Life is far easier when people have the sense to see things our way. In the real world, however, capital...

By Steven P. Cohen

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