Smart business practices include ensuring that anyone negotiating contracts can attend contract negotiation training or contract negotiation courses. Contract negotiation and procurement is a difficult task and can often feel overwhelming, especially when you are thrown into the midst of negotiation without training or support from contract management. This type of training helps ensure that …
Conflict is an inevitable part of life. It will be present wherever there is social interaction. We compete and conflict over scarce resources, perceived insults, and in the search for dominance. But not everyone deals with conflict in the same way. There are five basic styles of conflict management. They are: Competition — The pursuit of …
By Zachary Ulrich The Fundamental Attribution Error In Mediation Have you ever had someone blame you for something over which you had absolutely no control? If you’ve ever been late to a meeting, been framed by a sibling growing up, or otherwise haven’t lived under a rock your entire life, you know what I’m talking …
By Dan Simon “They’re just sore losers,” Myrna said. She had called me to ask whether I’d mediate between her and her neighbors, who were complaining about a fence she’d built and various other things. She’d won in arbitration, but the Smiths didn’t like the arbitrator’s decision, so they sued her in state court. The …
By Jeffrey Krivis The Central Valley of California, known for its good weather and rich soil, is considered the breadbasket of the country. The many people who live in this agricultural community work hard. They know that the literal fruits of their labors feed people, and they are proud of their role in society. …
By Greg Wood Arbitration offers many advantages in addressing and resolving disputes, specifically intellectual property disputes. Among these advantages are: party control (the parties retain control of the process and issues to be decided to a greater degree than if the matter was submitted to the courts), certainty of forum (the risks of inconsistent results …
By Joe Markowitz I remember reading a piece by a newspaper columnist who described the process by which someone in that field can finally claim to have mastered the trade. The aspiring newspaper columnist starts with a head full of ideas. He might even have rough drafts or outlines for many weeks’ worth of columns …
By Jim W. Hildreth Communication breakdown often leads to the doorway of anger, resentment, hostility, and the filing of a lawsuit. Often this doorway leads a prospective client to a member of the local bar. They sit down and together they discuss the merits of a potential lawsuit. Today’s top law schools such as UC …
By David C. Peterson It’s no secret that insurance carriers have altered their practices in the past several years. Authority and independent judgment they previously possessed has been removed from adjusters, managers, and supervisors as executives in the companies strive for uniformity in claims handling and ironclad control over settlement decisions. Rarely at mediation is …
By Mark Grossman & Scott Van Soye A cake recipe says to add all of the required ingredients, and then place it in the oven for 45 minutes at 350 degrees. The chef, who is in a rush, takes a shortcut and leaves out an important cooling process and places the cakes in the oven …
