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Tag: Dispute Resolution

The Rashomon Effect and Conflict author.

The Rashomon Effect and Conflict

What is the Rashomon Effect? And how can it help with Conflict? In my twenties, I got hooked on old...

By Lorraine Segal
Understanding Large Language Models: A Long But Simple Guide author.

Understanding Large Language Models: A Long But Simple Guide

In the age of information, language models have become an essential tool for various applications, from chatbots to recommendation systems....

By Robert Bergman
Dancing with Disagreement author.

Dancing with Disagreement

A person does not have to be particularly gifted to be able to make disagreements worse. On the other hand,...

By John Potter
Metaphors for our Movement author.

Metaphors for our Movement

I recently sent a message on the DRLE listserv about a transition in managing it and the DRLE website from Jim Levin...

By John Lande
Scapegoating and other fallacious fun author.

Scapegoating and other fallacious fun

Mediators are well acquainted with parties blaming one another for problems.  Scapegoating in particular can get in the way of...

By Laura May
Noticing Six Dispute Modes author.

Noticing Six Dispute Modes

Noticing the Dispute Mode may help a neutral facilitator in monitoring for safety concerns as well as participant status during...

By James Harvey
The Gentle Art of Dispute Resolution – Mediation Lessons from a Jiu Jitsu Practitioner author.

The Gentle Art of Dispute Resolution – Mediation Lessons from a Jiu Jitsu Practitioner

Brazilian Jiu Jitsu, which I have practiced for more than a decade, has taught me invaluable life lessons on and...

By Darren Rumack
Best Practices in Asynchronous Online Dispute Resolution author.

Best Practices in Asynchronous Online Dispute Resolution

Information and communication technology has become such an integral part of the business and commerce ecosystem that no industry or...

By Pratima Narayan
8 Important Topics Often Overlooked in Custody Mediation author.

8 Important Topics Often Overlooked in Custody Mediation

When you enter custody mediation, your focus is most likely on creating a parenting schedule and dividing decision-making responsibility. However,...

By Zarira Love
What If We Don’t Agree on Everything in Divorce Mediation? author.

What If We Don’t Agree on Everything in Divorce Mediation?

Divorce mediation does not always end in a full agreement. Sometimes, there are a few topics you can't agree on...

By Zarira Love
Overcoming Tribal Consciousness author.

Overcoming Tribal Consciousness

Recently, I reread three books that, as a total set, inspired me to revisit my understanding of human nature and,...

By Ralph Kilmann
Who Can I Bring To Custody Mediation? author.

Who Can I Bring To Custody Mediation?

Walking into custody mediation can feel intimidating. You'll have to speak openly about what you believe is best for your...

By Zarira Love
Bayonetta 3, Fairpay and Negotiation author.

Bayonetta 3, Fairpay and Negotiation

Interested in issues like pay equity, pay transparency, salary negotiations, and the role of gender and unions? Then, this video...

By Bob Bordone
Is Conciliation in the Resolution of Labour Disputes a waiting room before Adjudication? An Indian Perspective author.

Is Conciliation in the Resolution of Labour Disputes a waiting room before Adjudication? An Indian Perspective

Abstract Conflict of interest is a part of human affairs. Industrial conflict is also human conflict and is one of...

By Prof Dr. J. Mahalakshmi
Negotiation and Hamilton author.

Negotiation and Hamilton

Harvard Law Fellow Reacts to Hamilton // What negotiation lessons can we take away from the musical Hamilton? Watch as...

By Bob Bordone
Understanding Virtual Eviction Mediation Programs – A Q&A author.

Understanding Virtual Eviction Mediation Programs – A Q&A

This article is part of a series of perspectives on eviction mediation program development that is being supported by the American Arbitration...

By Susan Yates
Back to Basics: Why Mediate? author.

Back to Basics: Why Mediate?

As part of my preparation to teach a class on mediation confidentiality, I reviewed the Uniform Mediation Act with all of its...

By Phyllis Pollack
Negotiation and Mediation Communication Gambits for Breaking Impasse & more… author.

Negotiation and Mediation Communication Gambits for Breaking Impasse & more…

A sample of over 3,000 phrases for negotiators, mediators, and judges, on more than 400 topics in the book from...

By John Barkai
An Introduction to Collaborative Construction Contracts for Large and International Projects author.

An Introduction to Collaborative Construction Contracts for Large and International Projects

Where there is construction, there are contracts. Typically, these contracts are obtained through a competitive, hard-bid process, which is often...

By Peter Kamminga
Investor-State Mediation: A New Way to deal with Old Problems author.

Investor-State Mediation: A New Way to deal with Old Problems

Similar to commercial arbitration, a large proportion of treaty-based investor-state disputes involve construction issues. In the International Centre for the...

By Joe Tirado
The Impact of Mediation on Mental Health author.

The Impact of Mediation on Mental Health

2022 APFM Conference Workshop Takeaway Tool, with Kimberly Cavanaugh, Dan Berstein, Alice Shikina, Nicole, and Beth Aarons PROTECT MENTAL HEALTH...

By Clare Fowler
Your Working Life is Short: Why Waste it on Litigation? author.

Your Working Life is Short: Why Waste it on Litigation?

The other day I conducted a mediation between a non-English speaking plaintiff and a used car dealer. The issue was...

By Phyllis Pollack
Soft Touch author.

Soft Touch

Originally published in the JAMS ADR Blog JAMS neutral Alan Perkins doesn't believe haranguing litigants helps to resolve disputes. Perkins...

By Alan Perkins
Deception or B.S.? author.

Deception or B.S.?

The Harvard Program on Negotiation (PON)  blog posted an article about deception in negotiations.  Entitled, “Ethics In Negotiation: How tthe...

By Phyllis Pollack
Inside a High-Profile Plea Bargain Negotiation – Part I author.

Inside a High-Profile Plea Bargain Negotiation – Part I

The New York Times published a fascinating account of the plea bargaining of Allen Weisselberg, the Trump Organization CFO.  This was...

By Cynthia Alkon
Inside a High-Profile Plea Bargain Negotiation – Part II author.

Inside a High-Profile Plea Bargain Negotiation – Part II

I appreciate John’s perspective that it is a shame that the criminal case against Allen H. Weisselberg plead out and did not...

By Cynthia Alkon
Conflict Management and ‘The Big Picture’ author.

Conflict Management and ‘The Big Picture’

Here is a far-reaching question: What causes conflict? In particular, does conflict largely stem from differences within and between people?...

By Ralph Kilmann
Who Gets the Custody of Pets in a Divorce? author.

Who Gets the Custody of Pets in a Divorce?

Pets are an integral part of a family, so no wonder when a couple is contemplating a divorce, the fate...

By Roseann Vanella
Co-Mediation: “Shall We Dance?” author.

Co-Mediation: “Shall We Dance?”

Co-mediation is a conflict resolution approach that has many similarities to the tango. The tango is a ballroom and social...

By Earlene Baggett-Hayes
Looking Back at the First 18 Months of Arbitrate.com author.

Looking Back at the First 18 Months of Arbitrate.com

Mediate.com launched its spinoff online community Arbitrate.com on March 1, 2021, and the site has made an enormous amount of...

By Indraneel Gunjal, Colin Rule

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