Let’s take a deeper look into Face Negotiation Theory. Have you ever been in a negotiation or conversation with someone where you suddenly notice yourself taking on a defensive stance to protect yourself? Maybe you have been more willing to give in a negotiation to help the other person or preserve what you believe the …
It may seem difficult to imagine why some lawyers choose to leave the practice of law after attending law school, passing the bar exam, and working so hard to advance their careers in the legal profession. Many law firms and businesses have pondered why there are so many unhappy lawyers and many lawyers have wondered …
Whether you’re a professional mediator, a manager seeking to address workplace disputes, or someone looking to improve your personal relationships, developing mediation competency is essential. Mediation is a valuable skill that can help individuals resolve conflicts and achieve mutually beneficial outcomes. In this blog post, we’ll explore the key components of mediation competency and discuss practical …
When does anchoring negotiation appear? How much to pay to settle a dispute or anchor price to purchase an item or settle a dispute is one of the most important decisions to be made before the negotiation process begins. A great many factors will influence the decision. Someone considering settlement will take into account, among …
The cost of moving, the odds of winning, and the risks of losing. Summary judgment is a pre-trial, usually late-discovery or post-discovery motion in which the moving party or parties seek a ruling that the admissible evidence shows there is “no triable issue of material fact” in dispute, judgment, and therefore no reason for a …
What is the power of finding and using a BATNA & WATNA? The goal of an alternative dispute resolution (ADR) process is to come to a resolution together so that the parties can both agree on and avoid the eventual litigation that could arise in the dispute. However, not every mediation or negotiation ends in a …
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 …
Are you sure you are going to come out on top in the upcoming business negotiations, though you have just joined the bargaining team? Be careful, you may be suffering from overconfidence. According to Merriam-Webster.com, overconfidence is: “The quality of being overconfident; excessive confidence.” Overconfident, in turn, is defined as: “excessively or unjustifiably confident: …
One of the most noticeable issues that could arise in a negotiation or mediation is an imbalance of power. Often one of the hardest issues to overcome if the neutral or the parties are not prepared, and still difficult when the neutral is prepared, an imbalance can easily throw an otherwise successful dispute resolution process.
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 …