Conflict is part of the human experience. The endless competition for scarce resources and the struggle even to gain access to some things (whether they satisfy psychological, spiritual, or physical needs) mean that conflict is never far away. Some people even argue that conflict gives us opportunities for gain and growth, and is therefore a …
Read moreMediation Teacher: Benefits of Peer Mediation in School
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 …
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 …
Preventive Law is a way of practicing law that prevents risks from becoming legal issues. Because every organization has risks associated with its conduct, many organizations have chosen to hire lawyers to assess these risks and limit their potential for harm in the future. This service can be invaluable to companies as it may save …
Have you ever been in a negotiation or conversation with someone where you suddenly notice yourself taking on a defensive stance to protect yourself? Maybe you have been more willing to give in a negotiation to help the other person or preserve what you believe the other person thinks of you. Possibly you react strongly …
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 …
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 …
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 …
Read moreJudicial Arbitration and Mediation Services (JAMS): All You Need to Know
In the first article in this pair, we explored the steps in a conciliation proceeding and what the parties can expect when using conciliation to resolve a dispute. In this article, we turn to the roles of the participants, both the conciliator and the parties, and the benefits of using conciliation to try and find …
The Truth About Divorce: Financial and Emotional Impacts with ADR Times Divorce can have a profound impact on the emotional and mental health of several women, men, and children around the globe. In this article, we will discuss what that impact is, as well as how divorces may impact the well-being of young children and …
Read moreThe Truth About Divorce: Financial and Emotional Impacts with ADR Times
