Integrative Negotiation: Understanding and Implementing the Style

Integrative Negotiation

While it is not a new concept, integrative negotiation is a tool that may feel new to some negotiators. When negotiations are starting to fall apart and the parties seem to be making little progress toward an agreement, taking an integrative approach to negotiation may help the parties find common ground or a place where …

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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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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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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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Developing True Mediation Competency

By Bruce A. Edwards, Esq. The Key to Developing True Mediation Competency In addition to skills training in mediation, what do mediators need to improve their mediation competency?  While mediation skills training remain essential to the practice of mediation, the key to developing mediation competency begins with self-reflection and self-management.  Before we can effectively assist …

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Winning in California Mandatory Attorney-Client Fee Arbitration

According to a study by Steele and Nimmer, the top two concerns that clients have about their attorneys are that fees are too high, and that performance is delayed.  Perhaps because of this, the California Legislature passed laws in 1978 requiring that the State Bar establish a fee arbitration program. It may also establish a …

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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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Confusing Dispute Resolution Jargon

Confusing Dispute Resolution Jargon

In response to my question, “Do you use “BATNA” wrong?,” I plead guilty with an explanation. With the patient teaching of my friends, Hiro Aragaki and Sanda Kaufman, I have come to see the error of my ways. I was concerned because BATNA – the Best Alternative to a Negotiated Agreement – has become part of the vernacular, …

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