In every negotiation, there is what is known as a bargaining zone, otherwise known as the zone of possible agreement. This is the range of possible outcomes that both parties consider acceptable. The key to a successful negotiation lies in understanding where the bargaining range of the other side begins and ends. But it’s often …
One of the most noticeable issues that could arise in a negotiation or mediation is an imbalance of power. Often one of the hardest issues to overcome if the neutral or the parties are not prepared, and still difficult when the neutral is prepared, an imbalance can easily throw an otherwise successful dispute resolution process.
Choosing whether to pursue arbitration vs. litigation hinges on several factors that parties should carefully consider as they decide on how to resolve their dispute(s). Once a dispute reaches the point where it is clear that the parties cannot reach an agreement and need a third party to decide the dispute, it will likely end …
Boundary negotiation is a common solution when a dispute arises between people who live next to each other. Unfortunately, disputes over boundaries arise in several different ways, and even if you have a deed that directly states which areas belong to you, resolving boundary disputes can be an arduous process. In many instances, disagreements over …
How do you resolve a civil dispute? This question may have been presented to you before, but for many, the question is not considered until they are in the midst of a dispute themselves and trying to figure out ways to solve the dispute. Disputes are often disagreements about employment, contracts, money, and other issues …
If you’re considering alternative dispute resolution for a conflict you’re involved in, you may be wondering what the difference is between conciliation and mediation. Both the conciliation and mediation processes can help parties come to an agreement without going to court, but there are some key distinctions between the two. This post will define each, …
When it comes to achieving goals, it’s important to know the difference between compromise and negotiation. Both are effective tools, but they each have their own strengths and weaknesses. There are times when negotiating with the other side is more beneficial than compromising. While the negotiation process typically involves a bit of compromise, most people …
Who can be an arbitrator? Let’s find out! I. The arbitration boom. Arbitration is booming. The United States Department of Labor estimates that the demand for arbitrators will grow at twice the rate expected for other occupations between now and the end of the decade. Nor is the trend confined to the United …
What type of communication skills are women more likely to use? Let’s find out! Gender differences can influence communication styles, and someone’s gender expression can affect communication skills. This is often the result of teaching and instruction as children and young adults that outdated cemented ideas of how men and women should communicate; however, these …
Mediation and law practice are not the same thing. The law is an essentially adversarial system that tends to drive people apart and pick a winner. In contrast, mediation is a cooperative process aimed at drawing disputants together…