Decision Making

Identifying a Power Imbalance (Part 2 of 2)

In the first of this pair of articles, we discussed the definition of a power imbalance, identified the types of power that may be utilized against another party, and the early signs of a power imbalance. Once a neutral identifies that one of the parties has more power than the other and is using their power to make the negotiations end in their favor, it is important for the neutral to act quickly to attempt to bring the power in the negotiations into balance between the parties.

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Left Brain vs 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.

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De-escalating Encounters with Confrontational People

If you are a conflict resolution professional, you are very likely to meet with angry, confrontational, and aggressive people on an almost daily basis. You may even be called in specifically to deal with them, if you are an HR professional or an ombuds. It’s almost inevitable. People in conflict are almost always emotional. Even business disputes aren’t “just business.” Our emotions affect every decision we make.

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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.

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Is It An Advantage Or A Disadvantage To Be An Attorney Mediator?

Almost everyone has been a mediator. It’s true. If you have stepped into a dispute that had nothing to do with you, and tried to help friends, family, neighbors or coworkers to resolve their differences, you have been a mediator. The custom of using a respected elder to help disputants reach agreement has been going on for thousands of years.Mediation is just something we do as social creatures

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The Special Master: A Mediator Wearing Many Hats

The more complex our society becomes, the more complicated its litigation grows. By 2018, one-half of the federal docket was consumed by multi-district litigation — multiple cases concerning the same subject spread across the country. Add to that mass-tort litigation, class actions, products liability cases, multiparty construction litigation, and the flood of “normal” civil and criminal cases, and it’s clear our judiciary needs help. One source of that help is special masters appointed under Federal Rules of Civil Procedure 53.

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