Each of the described four impulses gives rise to tensions in negotiation: the need to compete and claim, the impulse to cooperate and find common ground, the drive for pragmatic and technically competent solutions, and the push for a moral basis in solution-making.
Thanks to the 2017 federal Tax Cuts and Jobs Act of 2017, (“TCAJA”), divorce lawyers and mediators know that December will be a busy time and some of us may be working right up to the close of the courthouse on Monday, December 31st.
This chapter focuses on areas of ODR that are likely to involve attorneys, Attorney involvement in ODR tends to be for more complex and substantial disputes, such as resolving all divorce issues or settling an estate or resolving ongoing business issues. These are areas of “integrative” ODR practice, where there are multiple issues and, commonly, a continuing relationship.
There are many keys to reaching possible agreement. The list includes, among others, discovering not incompatible interests, soothing a hurt relationship, or finding a common enemy. Uncovering a transcending vision can accelerate and amplify the coming together of contending parties. Vision helps achieve agreement.
In our mediation efforts, once we are in the realm of “public policy,” we are inevitably poking our noses into questions of intergenerational equity and “governance” and how authentic collaboration can be achieved or improved.
This article is to give an over view of the use of disability mediation and a case study. The article will highlight some of the benefits of utilizing specialist mediators, confidentiality and why disability mediation works.
There’s recent discussion in urban planning journals about the way professional city planners should be educated today. Having a conversation about planning in advance prevents many community-conflicts down the road.
I follow the choroeographies and patterns of the craft we call conflict management, but every once in a while I help people really step out of the proverbial box they are in and discover (or stumble on) a peculiar new solution that seems to fit perfectly. Those are the golden moments I live for.
This is the complete interview by Robert Benjamin with Howard Bellman, a long-time leader in the field of labor-management mediation and mediation in the public sector generally, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
Guerilla warfare is unconventional. Instead of relying on large, slow moving armies and doctrines of overwhelming force, guerillas depend on invisibility, highly portable weapons, quick ambushes, booby traps, and hundreds of pressuring tactics that achieve practical offensive or defensive results.
This is the complete interview by Robert Benjamin with Peter Adler of Accord 3.0 and Past-President of The Keystone Center, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.