Value Conflicts Explained

Value Conflicts

What is a Value Conflict? Conflicts are an inherent part of social existence because we are in constant competition for resources.   We also are in conflict because we have different goals and different ideas about our place in society, what our rights, duties, and responsibilities to other people are, and what constitutes right, wrong, …

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What is capability building?

Capacity building is the process of evaluating a party’s ability to achieve their goals and solve issues that arise in their day-to-day operations.  It also evaluates the party’s ability to expand its operations and capacity to achieve more of its goals in the future.  Several broad types of capacity can be built as broad categories, …

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Mastering Your Emotions in Conflict Resolution

Chances are if you’ve participated in any form of dispute resolution, there has been a point where you or someone working with you has suggested that you master your emotions.  The suggestion is much easier said than done, as emotions are strong and can often feel overwhelming and uncontrollable.  And in many circumstances, feeling and …

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Identifying a Power Imbalance (Part 1 of 2)

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.

Game Theory, Negotiation, and the “Black Box”

James F. Ring and some colleagues gave a fascinating talk at the recent ABA Dispute Resolution Section on Game Theory; Where it started was cutting a cake; Where it ended was cutting out the lawyers, at least by implication.

The ADA Interactive Reasonable Accommodation Process

The Americans With Disabilities Act (ADA) requires covered employers to grant reasonable accommodations to those otherwise qualified employees who are able to complete the essential functions of the job with or without reasonable accommodation. The employer may negate the duty by showing that the only possible reasonable accommodations impose an undue hardship on the employer.

Strategic Questions For Dispute Resolvers

Asking questions is one of the most powerful – and often misused – tools for professionals in dispute resolution settings, whether legal, workplace, mediation or anywhere. When you are dealing with high-conflict clients, it is especially important to consider the timing of different types of questions and also to know what questions you should never ask. 

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