The 10 Best Negotiation Books of 2023

The 10 Best Negotiation Books of 2020

Looking for the best negotiation books? Most people want to get what they desire, which is where negotiating can come into play. There are countless books about negotiation skills out there, but which one is the best option? Learning to bargain is quite easy with the right tools. Whether it’s for business, your personal life, …

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Improve the Chances Your Mediation Will Be a Success

Improve the Chances Your Mediation Will Be a Success

The vast majority of legal disputes aren’t ended due to a trial. But, at some point, the parties reach a mutually agreeable compromise, and the dispute is resolved. Mediation is one way to help parties reach an agreement if they can’t do it themselves. Attorney Richard Shore, writing in Forbes, has these ideas to help increase …

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Mediation’s Higher Calling: Feel the Love

What is Mediation? There are many benefits to mediation, including spiritual and emotional, according to an article written by Dr. Denisha Shah. Attorneys who use the mediation process may focus on the more immediate benefits (ideally, a case settles and a file closes). Still, there are more extensive benefits that all participants may benefit from. …

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The Mediation Community’s Dirty Little Secret

The Mediation Community’s Dirty Little Secret

We are a great group of people, us mediators. We understand how emotions and values play into conflict, we recognize the power in a solution that fits both parties’ needs, and we approach the world with a quiet confidence that any disagreement can be resolved. I love that about us. Too bad we don’t always …

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What Matters Most At Impasse

What Matters Most AT Impasse

I remember reading a piece by a newspaper columnist who described the process by which someone in that field can finally claim to have mastered the trade. The aspiring newspaper columnist starts with a head full of ideas. He might even have rough drafts or outlines for many weeks’ worth of columns in a bottom …

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Mediator’s Opening Statement

Mediator's Opening Statement

Mike was excited.  The classes were over at last, the internship was done, and he’d been approved for the civil panel. Today was his first solo mediation. He opened the door and strode in.  The lawyers and their clients looked up expectantly at Mike. He froze.  What should he say next?Where we begin a journey …

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Convening

Convening

Dispute resolution is a process.  The beginning phase — bringing everyone together under conditions conducive to settlement — is called convening. Convening can be as simple as a few phone calls, where those involved already know what they want and are properly prepared for it.  Or it can be as complex as holding a long …

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Mediation as the Unlicensed Practice of Psychology?

Mediation as the Unlicensed Practice of Psychology?

It is common knowledge among mediators, as well as the general public, that the unlicensed practice of law (UPL) is illegal. While there is some debate on what constitutes the “practice of law,” the rule is clear that a mediator may not practice law. On the other hand, many consider experienced attorneys and judges to …

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An Interview with Expert Mediatior Scott Van Soye

Scott Van Soye

Our ADR Times Contributing Editor, Zach Ulrich, recently had the opportunity to sit down with expert mediator and arbitrator Scott Van Soye, to discuss Mr. Van Soye’s insights into the emotions and typical negotiation dynamics of mediation, his unique perspective into employment and disability cases, and his “learned wisdom” from experience as a lawyer and …

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Caucus Mediation

Caucus Mediation

When parties have difficulty discussing the issues with the other party in the room, the mediator may decide to move to caucus mediation. Caucuses can be a powerful tool in mediation, but some downsides need to be considered when considering a caucus. The mediator’s style will also impact when caucuses are used. Some mediators will …

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