Negotiation in Practice at Camp David Summit

Israeli Palestine Conflict

The Israeli-Palestinian Conflict is one of the longest running disputes in modern history.  It is a very complex issue which can be traced back to ancient times.  The issue can be analyzed from a geopolitical, religious, cultural, military, diplomatic as well as countless other angles.  However, this paper will focus on the negotiations undertaken by …

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International Bar Association’s Guidelines on International Arbitration

IBA International Arbitration

The International Bar Association’s Arbitration Committee is one of the world’s largest professional groups for counsel and arbitrators handling transnational disputes. The Committee currently includes over 2600 members from 115 countries. According to the IBA, membership is steadily increasing.The Arbitration Committee has published several sets of Rules and Guidelines that are widely accepted by the global …

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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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3 Sides To A Conversation

3 Sides to a Conversation

Some people talk a lot.  Others talk very little.  You don’t have to ask someone that talks a lot a question in order to get them to talk.  In fact, for some, all you have to do is walk within earshot.  What many talkers don’t seem to know is that non-talkers can talk too!  But …

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What Should Appellate Mediation Look Like?

Appellate Mediation

For a case to reach the appellate level is a rare feat indeed.  It has been estimated that nearly ninety-five percent of all cases will settle before trial. Of the remaining five percent, only the most difficult and stubborn will proceed to the appellate level.  This creates a unique environment for alternative dispute resolution (ADR).  …

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The Vanishing Trial?

The Vanishing Trial

Scholars and practitioners alike often seem up in arms about the “vanishing trial.”  Most seem worried that this decline in litigation will ultimately destroy justice.  Instead of achieving justice through a court system, conflicts are being resolved without the assistance of lawyers, judges, and–dare I say—lots of time, money, and resources!  Many blame ADR.  As …

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A New Model of Intra-Corporate Conflict Resolution

Corporate Conflict Resolution

Executive turnover is costly.  Signing bonuses, search fees, severance packages, and much more bring estimates of the turnover cost of a “C-suite” employee to $1.5 million. Consulting firms estimate the cost at 1.5 to 3 times annual salary, or more.Yet executives don’t always mesh well.  Personality clashes, disagreements on corporate strategy, or the corporate governance …

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The Riskin Grid: Mediator Orientations

Riskin Grid - ADR Times

The classic definition of a mediator is one who, without decision-making authority, assists in the resolution of a dispute between two or more others,  Mediation is everywhere; moms do it for their kids, kids do it for their friends, bosses do it for their workers, and so on. Have you tried to calm an argument …

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Decreasing the Risk of Legal Malpractice Claims

Reduce Legal Malpractice Claims

The American Bar Association (ABA) conducts extensive survey on legal malpractice claims every four years. The survey concludes that every practicing lawyer is potentially at risk for legal malpractice. It was once believed that solo practitioners were at the highest risk, however, research has found that lawyers at small, medium, and large law firms are …

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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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