Negotiation

Share Mediation Briefs to Save Time and Get Better Results

Mediation briefs should be shared well before the mediation session: to save time in session; to give each side the full force of the other’s positions; to give each side time to carefully consider the other’s positions and calmly prepare a response; to begin establishing the settlement ballpark. Let’s consider the alternatives, their bases, and their effects.

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What Are Intractable Conflicts?

Intractability is a controversial concept, which means different things to different people. Some people on the initial BI project team intensely dislike the term, as they saw it as too negative: intractable conflicts are impossible to resolve, they say, so people think they are not worth dealing with.

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The Dark Side of Mediation

Many attempts have been made to link theory to practice, yet mediation, particularly in the context of litigated cases, stubbornly defies scientific evaluation’s; That explains why I expected to dislike Debbie De Girolamo’s treatise, The Fugitive Identity of Mediation: Negotiations, Shift Changes and Allusionary Action.

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Strategic Questions For Dispute Resolvers

Asking questions is one of the most powerful – and often misused – tools for professionals in dispute resolution settings, whether legal, workplace, mediation or anywhere. When you are dealing with high-conflict clients, it is especially important to consider the timing of different types of questions and also to know what questions you should never ask. 

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