The Power of Disagreement: Cognitive Conflict

Cognitive conflict

A cognitive conflict is a form of conflict that can be both beneficial and detrimental to a group dynamic or a person’s understanding.  Cognitive conflict can be beneficial in environments where a variety of differing viewpoints are valued and needed for a broader understanding of the topic at hand.  However, when conflict revolves around a …

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Model Standards of Conduct for Mediators

The Model Standards of Conduct for Mediators is a set of ethical rules and considerations for mediators.  Rather than a strict code of ethics such as those that apply to attorneys, The Model Standards function as guidelines for mediators navigating ethical considerations and dilemmas while conducting mediation.  The Model Standards are also a guide for …

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7 Tips to Victory in High-Stakes Negotiations

High-stakes negotiations are also often high-stress situations for those who stand to profit from the negotiation.  A large portion of professionals and employees in the United States are not comfortable in negotiations and lack the confidence to negotiate effectively.  This lack of confidence can impact negotiations as the participants may hold back or feel as …

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UNCITRAL Arbitration Rules

The UNCITRAL Arbitration Rules are a set of procedural rules that govern the process of arbitration and the international resolution of commercial disputes.  These rules may be used both in proceedings administered by UNCITRAL or by parties and arbitrators who have chosen to use them.  They provide a framework for the arbitration process and cover …

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Judicial Arbitration and Mediation Services (JAMS): All You Need to Know

You look down at your new cable TV contract and notice that the last paragraph on the first page says “any disputes between the parties arising out of or relating to this Agreement shall be mediated by JAMS. If the parties are unable to resolve their dispute through mediation, the matter shall be submitted to …

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The Process of Conciliation: A Step-by-Step Guide (Part I of II)

Conciliation is a word that is often used in alternative dispute resolution forums as an attitude or skill to possess when attempting to settle a dispute through alternative forms of resolution, but the process of conciliation stands on its own as a form of alternative dispute resolution.  Conciliation is a method of dispute resolution that …

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How Much Does Arbitration Cost?

Beginning in the latter part of the 20th century, Americans sought relief from costly and time-consuming litigation, with Fortune 1000 companies leading the way. Civil litigation was a rich person’s game that even rich people didn’t want to play. In response, Fortune 1000 companies increased the use of alternative dispute resolution, particularly arbitration and mediation. …

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