Human Resources Guidebook to Workplace Conflict

Of all the departments that will need to deal with conflict effectively in a workplace, the human resources department is the most likely.  Outside of the hiring process, most employees will only interact with human resources during times of conflict, which often makes human resource departments the least favorite team to interact with for an …

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High Conflict Personality

High Conflict Personality

What is a high-conflict personality? If you have ever been in a conflict with a person who seems keener on continuing and escalating the conflict than resolving it, you may be dealing with one. High-conflict personalities are not the easiest to have conversations with, especially if you need to resolve the conflict.  However, high-conflict personalities …

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Resolution vs Solution | How to Properly Solve a Conflict

Resolution vs Solution

The first step to effectively solving a conflict is to understand the difference between a resolution and a solution. The conflict has a way of repeating itself over and over, especially if it is not addressed correctly.  Addressing a conflict correctly includes identifying the key differences between a resolution and a solution and using this …

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What is Commercial Impracticability?

Implied Contracts

Commercial impracticability may be a term that is most commonly discussed in law school classrooms and cases revolving around a contract claim.  The term is not discussed frequently outside of the people that deal with it daily, but it can be an important term to know when faced with a contract that has been influenced …

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What is the Negotiator’s Dilemma? How to Use It?

Negotiators often face a dilemma in negotiation—should I claim this value for myself and force the other side to concede, or should I work to create value here so that I can claim more value for myself later on?  This dilemma forces many negotiators into positions that they do not want to be in, and …

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Disadvantages of Arbitration

Arbitration is often touted as a fantastic alternative to litigation, and many times it is. However, there are disadvantages to arbitration that can make it the wrong choice for a dispute for various reasons. Understanding how arbitration may not fit a situation or case can help parties make the best decision regarding the dispute resolution …

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Negative Sum Games: Situations That Destroy Value

While most people attend a mediation or negotiation hoping to walk away with the most possible value, when the goodwill between the parties breaks down, they may leave the table with little to nothing to show for their work.  When both parties leave the table feeling as though they have “lost” and leave the value …

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Morton’s Resolution Model: The Resolution of Conflict

Conflict is often painted in a bad light.  It can make people feel uneasy and often contributes to the breakdown of relationships. However, not all conflict is destructive, and there are times when conflict may be beneficial for a situation or relationship.  The idea that conflict will have either constructive or destructive results is the …

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Structural Barriers to Good Communication and Agreement

Structural Barriers to Communication - ADR Times

Communication is an important part of any workplace or group setting, and a key component of reaching agreements.  When communication is healthy, a workplace or group can be productive and reach its objective.  When communication breaks down, other aspects of the workplace begin to fall apart as well.  In some cases, communication breaks down as …

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Transformative Moments in Commercial Mediation

Transformative Moments in Commercial Mediation

Mediation is a dynamic process. This can mean stepping back, leaning out, and adopting a process that empowers the parties to set their own agenda and seek outcomes that may greatly vary from the objectives set forth in the briefs by lawyers who are trained as advocates more than problem-solvers. In disputes where distributive bargaining …

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