Interests VS. Positions: Learn the Difference

Conflict resolution can be a tricky process, and even those familiar with mediation and negotiation tactics might not be aware of the distinction between positions versus interests. In essence, positions are what individuals say they want in an argument or disagreement – it’s their outwardly stated wishes for how to deal with the issue at …

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What are Four Types of Out of Court Settlements?

Out of Court Settlements

Out-of-court settlements are becoming a common goal in a variety of disputes.  Due to the amount of time and energy that is required to take a dispute through litigation, many businesses, and parties, in general, are turning to alternative dispute resolution to keep issues out of the courts.  But many people are unaware of the …

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Mediation vs Arbitration: What is the Difference?

Mediation vs Arbitration

Mediation and arbitration are both found within the alternative dispute resolution sphere because they offer ways to resolve disputes outside of the traditional litigation process.  However, the procedures are very different.  Each system presents its own benefits and challenges, and neither system is truly superior to the other.  Understanding how and when to use each …

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How Does Divorce Mediation Work?

What Can I Expect at a Divorce Mediation?

If you are getting divorced, you probably have a lot of questions about the process and the available options for divorce, including, “Dow does divorce mediation work?”  Divorce mediation is one of the many alternatives available to people who are getting divorced that helps keep the arguments and divorce out of the court system.  It …

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Mob Rules: Mediating Disputes and The Art of Compromise

Mob Rules and The Art of Compromise

Those who know the Mafia only through the media will probably have trouble believing that the Mob goes to great lengths to avoid violence. The “Docile Don,” Angelo [Bruno] hated violence and valued negotiation and peace above all. – George Fresolone and Robert J. Wagman, Blood Oath The Mob’s main instrument for resolving disputes is …

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Negotiation in Practice at Camp David Summit

Israeli Palestine Conflict

By Ali Arif Introduction 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 …

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Binding Mediation (Med-Arb): Affordable Dispute Resolution

Binding mediation combines elements of mediation and arbitration to help parties resolve disputes effectively and efficiently.  Binding mediation, often called mediation-arbitration or med-arb, is a process where the parties to a dispute agree to submit the dispute to mediation, but if an agreement cannot be reached, the mediator will then become an arbitrator and issue …

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What are the five methods of dispute resolution?

What are the five methods of dispute resolution?

Understanding just what the five strategies or methods of dispute resolution are can be incredibly helpful when engaging in a dispute resolution process.  This can help a party prepare for the process adequately with the right strategy and can give the party insight into their own needs as well as the other party’s needs.  The …

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Conflict Resolution Includes All of the Following Except…

Conflict Resolution Includes All of Following Except...

Conflict resolution includes all of the following, except…? Conflict, whether between individuals, groups, governments or some combination of these, comes in many forms. Conflict resolution includes multiple processes and methods in facilitating a peaceful ending. Every form of conflict is a purposeful effort to meet some need or gain some advantage, whether it is status, …

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Collaborative Law vs Mediation

Collaborative Law vs Mediation

Collaborative Law vs Mediation: what should you pick? Amy and Bob Cromwell married ten years ago and have three children.  The spark between them died years ago.  They work together in the family business, Cromwell’s Crackers. After some painful conversations, they have decided to divorce. The Cromwells do not want lengthy and contentious litigation that …

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