Mark Ashworth - ADR Solutions


Negotiation Articles

Negotiation Articles


BATNA’S Got to Go

(7/03/20)John Lande

In a recent DRLE listserv colloquy, I threatened to save for another day an extended rant about why we are so doggone attracted to using confusing jargon. That day has arrived.

Let Communities and Police Together Keep the Peace: Op-Ed

(7/03/20)D.G. Mawn

: Op-EdScores of cellphone videos, capturing police violence around the country, have revealed to millions the depth and breadth of systemic racial bias in the United States. Understandably, many are calling for a new way.

Designing for the Intensity of Online Mediation

(7/03/20)Adam Stebbins

The rapid shift to the greatest use of video conferencing technology has occurred, but how are we adapting ourselves and our mediations? Relatively simple adjustments to remote mediation can result in a higher likelihood of outcomes that would have likely occurred during face to face mediation.

5th Key-Technology: Embrace and Integrate Relevant New Technologies

(7/02/20)Francois Bogacz, Jeremy Lack

Much ink has been spilled on the future of mediation, and how robots may someday take over from humans. However, mediation is not an empirical science that can be reduced to algorithms.

Conflict Resolution in the Time of COVID-19--Voices from Seven Continents of the World: Europe

(7/02/20)Gregg Relyea, Carla Marcucci

This article examines how the 7 continents are dealing with conflict during COVID. This one examines the view from Europe.

Telephone Mediation in an Age of Social Distancing: Does It Work?

(7/02/20)Kyle Persaud

Is all the technology really necessary, and worth the price?

Virtual Mediation During COVID-19 Lockdown – A Preferred Mode of Online Dispute Resolution?

(7/02/20)Sneha Vardhani

The Indian Government announced a complete indeterminate lockdown across the nation in the month of March amid the spread of Corona Virus (COVID-19). This has effected the ability of people to resolve disputes.

4th Key-Professionalism: Act to Ensure Mediation is Respected as a True Professional Practice

(6/26/20)Pierrick Le Goff

This article discusses the importance of professionalism to ensure that mediation is being taken seriously.

4th Key-Professionalism: Encourage Mediation and Arbitration Integration

(6/26/20)Mark Appel, Wolf von Klumberg

This article discusses the importance of bridging mediation and arbitration.

Conflict Resolution in the Time of COVID-19--Voices from Seven Continents of the World: Australia

(6/25/20)Gregg Relyea, David Bogan

This article series includes viewpoints on the current state of conflict resolution from all 7 continents. This article focuses on North America.

Conflict Resolution in the Time of COVID-19--Voices from Seven Continents of the World: North America

(6/22/20)Gregg Relyea, Kenneth Cloke

This article series includes viewpoints on the current state of conflict resolution from all 7 continents. This article focuses on North America.

To Prevent More George Floyd Tragedies, We Need Federal Peacemakers to Bring Communities and Law Enforcement Together

(6/22/20)Grande Lum, Grace Flores-Hughes

For decades, Community Relations Service mediators from the Department of Justice have been working with community leaders to address the mistreatment of black and brown people by law enforcement.

George Floyd: A Call to White Leadership

(6/20/20)Lenton Aikins

The purpose of this brief article is to respond to the article titled “George Floyd: What Leaders Need To Do Now,”published in Mediate.com and to offer some comments by a living black man whose paternal grandfather and grandmother were slaves.

Addressing Ethical Issues in Online Mediations

(6/19/20)Phyllis Pollack

Recently, I posted a blog about some of the ethical issues that might arise in mediating online using a video conferencing service. While I raised several issues, I did not address how to respond to the issues.

2nd Key-Data: Develop a Negotiation Index

(6/15/20)Michael Mcilwrath

Folklore was the class at university that fundamentally altered how I view the world.

Separation in Isolation

(6/12/20)Hadassah Fidler

The message is to socially distance ourselves from others. But what if it’s your partner you want to socially distance yourself from?

Mediating Disputes Involving Financially Shaky Defendants

(6/12/20)Arthur Rosenbloom

My experience suggests that the mediator's toolbox contains techniques that can help financially shaky defendants settle.

Constructive Conflict and Strategic Disruption: A Statement from Conflict Engagement Practitioners

(6/08/20)Susanne Terry, Bernard Mayer

Over the last week, a group of conflict engagement practitioners have created a statement of intent regarding racism. The idea started with Susanne Terry who, with Bernie Mayer and input from a number of other interested persons, created, "Constructive Conflict and Strategic Disruption: A Statement from Conflict Engagement Practitioners."

Mumbai Set to Host India’s First Masters Course in Mediation

(6/08/20)Jonathan Rodrigues, Tanu Mehta

Mediation in India has taken giant strides over the last few years. The new course offerings are a testament to these advances.

Managing Conflict at Home During COVID-19

(6/08/20)Sarah Ater

This links to a free course for practitioners, or to show to their clients as a resource, for resolving home conflict during the quarantine.

Ministerial Panel on Extrajudicial Proceedings in Civil and Commercial Matters

(6/08/20)Marco Marinaro

The Manifesto of Justice Complementary to the Jurisdictional System: A Concrete Answer to the Social and Economic Emergency. An Italian manifesto for resolving social disputes.

1st Key-Leadership: Adopt The Edinburgh Declaration

(6/05/20)John Sturrock

At the conclusion of a recent conference, following superb presentations emphasizing the value of principled and interest-based negotiation by William Ury and Scotland’s First Minister, Nicola Sturgeon, almost 100 mediators signed the "Edinburgh Declaration," an inspirational expression of belief and commitment. The Edinburgh Declaration explains why we mediate, something that is rarely publicly expressed.

1st Key-Leadership: The Youth Shall Lead Us

(6/05/20)Aloysius Goh, Sean Lim, Samantha Lek, Megan Tay

Humbling as it may be for adults to admit, the sages who can unlock the Golden Age of mediation may actually be the youth.

The Demand for Online Mediation Spikes during COVID-19 Coronavirus Outbreak

(6/04/20)Nouman Ali

As the internet has evolved and expanded, it has greatly affected our lifestyle and modes of communication, making it easier for cross-country trading and interactions.

Online Dispute Resolution (ODR): The Great Tool in Times of Pandemic

(5/29/20)Alberto Elisavetsky, Maria Victoria Marun

Those of us who have been working for many years, not only in the academic field, but also in a practical way in On Line Dispute Resolution (ODR), that we call on line or electronic, feel that in these times "the future is here ”

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