MARK ASHWORTH
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Negotiation Articles
Negotiation ArticlesThe Art of the Term SheetHave you ever had the experience when working on a matter with a client where you are sent, at the outset, a complete multi-page agreement by counsel of the other party? And then you see revision after revision? Personal Transformations are Required for Corporate TransformationI’m publishing this article to discuss the nuances of the four timeless topics for people and organizations: conflict, change, transformation, and consciousness. Lessons Learned from the Implementation of a Video Eviction Mediation Program in Uncertain TimesThis article is part of a series of perspectives on eviction mediation program development that is being supported by the American Arbitration Association-International Centre for Dispute Resolution Foundation. Confidence in Conflict: Three Methods to Resolving Conflict Without Losing Your CoolIn coaching we often suggest clients that they “keep Amy in the backseat” when you’re in a conflict. We are referring to your Amygdala. Self-Determination in MediationAllowing parties to make their own choices and come to their own decisions regarding the outcome of a dispute is a fundamental tenet of court-annexed mediation. Will You or the Conflict Be Something You'll Laugh at Some Day?It’s somewhat counterintuitive to think and say we actually laugh at our interpersonal disputes! Beware of Email Agreements!The American Bar Association published a story warning us all to be careful about settling by email. Top 5 Ways to Build a Diverse and Inclusive Company CultureDiversity, equity and inclusion (DE&I) is a clear business differentiator, and it has never been more critical, particularly in light of the pandemic, which has brought about a mass exodus of professionals leaving their jobs. History of Decision Making and Application to Dispute ResolutionDecision-making is an integral part of conflict resolution. Any decisions taken at any level during the resolution process must consider all the conflicting needs of the individuals who are in conflict. How JAMS Is Striving to Make Its Workplace GreenerThis article discusses dispute resolution people, planet, and profits. Reducing Litigation Costs in Noncompete Litigation: Former Employer’s Perspective (Part 1 of 2)Tightening labor markets and high demand for key employees increase pressure on employers to enforce covenants not to compete. A Mediator's Reaction to the Invasion of UkraineThe recent events in Ukraine made me think about mediation in high-level conflicts, and ask myself whether I could maintain equidistance in a case of armed conflict. Values in MediationValues are a set of beliefs we hold onto and fall back on whenever we speak or act. They are – or should be – at the root of every decision we make and the lens through which we see the world. Parenthood Changed My Conflict StyleThere is a principle in Style Matters that I hope to expand on as my children mature: Make reflective conversation about conflict responses a routine part of life. The Complete Seven Keys to Unlock Mediation's Golden AgeThis seminal compilation of "Seven Keys to Unlock Mediation's Golden Age" is now available for FREE! This is a work by 40 authors from around the world brought together for Mediate.com's 25th Anniversary Conference. An Apology: Was It Really?The Academy Awards ceremony on Sunday, March 27, 2022, was more than just entertaining: it provided an important lesson on apologies. Book Review: Conciliation & Mediation in India (Gracious Timothy Dunna ed., Kluwer 2022)As if in a way to celebrate the silver jubilee of these first mediation training workshops in India, comes along a very fine collection of writings on the topic of mediation & conciliation. Guest Author: Stefano Pavletic on Lessons Ukraine Teaches About NeutralityMy dear friend Stefano Pavletic, a mediator from Milan Italy, has sent me this thoughtful and timely article that I hope readers will reflect upon. Did Will Smith Have an Amygdala Hijack?That is what psychologist Daniel Goleman has described as the fight or flight response. Why are You and Your Sibling Fighting Over Your Parent's House?Your sibling is arguing with you everywhere you turn, demanding things be done a certain way, the way she/he wants. Sound familiar? Structuring Dispute Resolution Clauses in International ContractsIn international contracts, cultural differences and working styles are most often the potential aspects of disputes. Saving Myself by Saving OthersToday is the 35th day of the war in our country, the 35th day of opposition to Russian aggression and the struggle for our freedom and independence. We are fighting for our Ukraine, we want to live in our own country. Mediation and Mental Health Handbook - an excerptIn conjunction with the National Center for State Courts and with funding from the State Justice Institute, a Mental Health and Mediation Handbook was developed. Organizational or Interpersonal Conflict?Leadership may need to become more attentive to the undercurrents of what’s going on and address them before the situation explodes.
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