Ten Strategies for Managing Stress

Ten Strategies for Managing Stress

I am now an author, holistic mediator, and life-coach, but when I was practicing law, I had more than one case that drove me to the edge. My body is now recovering from the impact of the stress of my legal practice. The law is a profession that is hard on the adrenals. Even in …

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The Mixed-Motive Exchange

Mixed Motive Exchange

We humans are social, but also individual. We often need help to succeed or excel. For example, early man was a poor match for a mastodon or prehistoric bison. He could hunt or gather smaller, less nutritious food alone. But he needed to hunt in a group if he were to take such dangerous high …

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The Predictability of Distributive Bargaining

Negotiation Dance

This article examines the predictability of distributive bargaining between two negotiators, and conditions that might distort that predictability. It also introduces the important concept of the ‘negotiation dance,’ which is basic to the study of the negotiation process.Negotiation is a social act; of communication and discovery between two or more people, with the goal of …

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Perceptual Bias and The Frustrated Negotiator

Perceptual Bias

It’s after lunch, and Fred’s feeling pretty good as he sorts through today’s mail.  Ah! There it is, Tom Smith’s response to Fred’s settlement offer in Ajax Accounting v. Johnston. It’s a solid offer, and Fred smiles as he thinks about the vacation he’s going to take during what are now the two weeks set …

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The Power Of “And”

The Power of And

The word “and” is short but powerful. It connects as well as includes. It adds rather than negates. The word “and” provides energy in collaboration and contributes momentum toward synergy. This word enables people with differing perspectives to find common ground. It can supply motivation when opposing parties may be losing hope of achieving their …

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Left Brain vs Right Brain Conflict Resolution

Left Brain and Right Brain Conflict Resolution

Our brains are mostly divided into two hemispheres. They each have their own way of responding to conflicts, although there is some overlap. Our brains are really a combination of parts that serve different purposes. They take turns in dominating our thinking at times and generally work together – just as we have many muscles in our arms that work together rather than just one muscle.

Game Theory, Negotiation, and the “Black Box”

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.

Top Ten Mediation Blogs

One reason I started this site was because there didn’t seem to be all that many blogs on mediation, so I thought I might be able to contribute to the discussion.  Since I started, some have dropped out, and new sites have cropped up.  Here is a list of some sites that have mostly been around longer than I have, and that I tend to turn to most often.

Healing The Energy of Conflict by Hass Sadeghi

Healing The Energy of Conflict by Hass Sadeghi

Let’s be real; Conflict can bring up some deep pain and associated underlying energies — I’m not referring to pain that you can put a band-aid on or have a doctor fix. I’m talking about the deep-rooted and “psycho-spiritual” pain that makes one feel intense emotional responses triggered by a Conflict. When we are faced …

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Supreme Court’s Grant of Cert Will Examine Difference Between “Arbitrability” and “Jurisdiction”

One of the issues before the Court is particularly interesting:  Whether a delegation clause vesting in an arbitrator questions of arbitrability of a claim has the effect of removing from a court any power to determine whether the court has jurisdiction to grant a motion to compel arbitration.

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