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.

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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.

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Settlement, Resolution, Management, and Transformation: An Explanation of Terms

Disputes are generally considered to be disagreements that involve negotiable interests. Such issues can be settled through negotiation, mediation, or adjudication. They are generally short-term and, given the right process, lend themselves to the development of mutually satisfactory solutions.

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Conflicts and Disputes

Most people probably do not recognize a distinct difference between the terms “conflict” and “dispute.” However, many conflict scholars do draw a distinction between the two terms. As is unfortunately common in this field, different scholars define the terms in different ways, leading to confusion.

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