The factors that contribute to an imbalance of power are often hard to notice on a day-to-day basis, but over time they contribute to an unhealthy dynamic if they are not addressed. Imbalances of power can be found in every relationship that we engage in as humans, from our most vulnerable and trusted relationships with …
In any negotiation, there will always be some level of concessions made in order to come to an agreement. Even the most skilled negotiators will have to make small concessions in a negotiation to reach a potential agreement. But what is the best strategy for making negotiation concessions? And how can you ensure that you …
While much of the alternative dispute resolution world, and many other professional fields, love to highlight the benefits of confidentiality, many of them fail to point out the limits of confidentiality. Understanding these limits is a vital aspect of sharing your information and keeping your information confidential. Without a clear understanding of when confidentiality will …
In response to my question, “Do you use “BATNA” wrong?,” I plead guilty with an explanation. With the patient teaching of my friends, Hiro Aragaki and Sanda Kaufman, I have come to see the error of my ways. I was concerned because BATNA – the Best Alternative to a Negotiated Agreement – has become part of the vernacular, …
How to define partiality? Within the alternative dispute resolution sphere, the word partiality, or more commonly impartiality, is used often, but for some new to the field, it can be difficult to define. I t often feels like a type of action that would normally be easily identifiable, but in the world of alternative dispute …
Two key points: First, to be successful, a boxer must first become desensitized to the effects of inflicting injury on others. Secondly, the boxer must accept personal risk with every fight. As a litigation attorney and a writer, the boxing world is full of parallels to my profession. Many key psychological aspects of boxing are very similar to that of litigation.
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 …
When learning about conflict and dispute resolution, it can be difficult to understand the definition of “confrontational.” Everyone will have their ideas of what confrontation is and its uses, particularly dependent on their own conflict style and how it responds to confrontation. Some people will argue that a confrontation is a valuable tool in a …
Can you back out of a settlement agreement if you have changed your mind? Evaluation of the risks of litigation and candid discussions of the possible strength of opponents’ arguments and the weakness of one’s own may make it seem as if everyone is against you. The gulf between initial expectations and final settlement can be …
When a dispute arises during a construction project, the parties may use the AAA Construction Rules, which cover arbitration and mediation procedures for construction disputes governed by the American Arbitration Association. It allows the parties to a dispute to attempt to resolve their disagreement without going through a trial and litigating the dispute in front …
