Mark Ashworth - ADR Solutions
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Negotiation Articles
Negotiation ArticlesMediation as a Business AcceleratorThis article discusses how mediation can help business, an inspiring example from The Middle East. Employment Litigation: 3 Instances Where A Company Should Explore MediationAccordingly, a blanket “no settlement” policy may not be in the best interests of the company’s bottom line. There are three instances where companies should put aside their instinct to litigate and explore mediation. Culture and Religion, Evaluating Mediation Approaches: A Case StudyThis document will analyze a conflict scenario with respect to the conflict’s candidacy (suitability) for mediation. Mandatory Course on Mediation for Law Students in IndiaIs mandatory mediation training in India too late? What Brad Pitt and Angelina Jolie Can Teach Us About the Neutrality of the MediatorPitt and Jolie's divorce has taken a long time, filed for in 2016, although divorced in 2019 their agreement regarding child custody and financial assets is still ongoing. Max Schrems strikes again! Where next for Mediation Service Providers and their mediators?Examines the outcome of the CJEU’s decision known as Schrems II from the perspective of mediation service providers and mediators. Proposes practical steps in which the results of Schrems II may be addressed. Reviews the emerging responses of Data Protection Authorities in Europe and the USA. Family Mediation vs Family LitigationMany people assume that the only way to resolve a family law matter is to retain counsel and commence a Court action. This is a wrong assumption. The Role of Restorative Practices in Effectively Addressing Gender Discrimination and Harassment in the WorkplaceNumerous federal and state laws prohibit gender discrimination and harassment in the workplace. Under Title VII of the Civil Rights Act of 1964 and state antidiscrimination statutes, an employer must not impose adverse employment actions or otherwise discriminate against individuals based on gender. What Are The Steps In The Mediation Process?Before couples decide the best course of action when separating, it is helpful to know the essential steps of the mediation process. Racial Justice Conflict: How “Historical” Racial Symbols Shape Perception, Practices, and PolicyAs the world continues to grapple with racial injustice and unrest as masses of people from all ethnicities protest in the streets, this article examines the subliminal influence of historical racial symbols and practices namely, statues and monuments, slave plantation sites and tours, market houses where slaves were sold, and street names that bear the scars of slavery. ‘Emotional Agility’ as a Workplace MediatorA psychologically safe space must be offered and maintained if a participant is going to be invited to and chooses to explore any underlying drivers to their thoughts and behaviours which may have contributed to the formation or perpetuation of conflict with another. Survey results: What Do Wisconsin Judges Think About Mediating Cases?A survey of judges provides some insight on the mediation landscape in Wisconsin. Using Assertive Communication as a Way to Prevent Conflict in the WorkplacePracticing effective communication is one of the most impactful ways to prevent conflict in the workplace. Thoughts on Addressing Racial InjusticeThis work juxtaposes an announcement by AAA-ICDR with articles that promote dialogue to address racial: 1) Are We Ever Neutral? Should We Be? 2) Staying with Conflict - Election Edition: A Conflict Practitioner’s Lens on the US Election 3) What's the Right Thing to do When You are Really Angry About What's Happening in America? Conflict During COVID--Combined Voices from all Seven ContinentsThis article combines voices from all 7 continents as they discuss how COVID has affected the conflict resolution field around them. Conflict Resolution in the Time of COVID-19--Voices from Seven Continents of the World: South AmericaThis article discusses the "Community Spread" of Mediation in a Post COVID-19 World. How is Your Attitude? It makes a difference!There is a saying among mediators: often at the start of a mediation, the mediator is the only optimistic person in the room. She is the only one who believes the matter will settle. Mediator’s Thoughts for Parents During the PandemicDivorce or separation is a big challenge in itself. How Understanding Neuroscience Improves MediationThis Primer in Neuroscience, Emotions and how they impact decision-making, along with understanding the myth of rationality, can help mediators navigate difficult moments in mediation and steer parties towards a productive path. Apologies and Alternative Dispute Resolution Utility in Medical MalpracticeApologies for medical errors and poor medical outcomes are typically omitted from the practice of medicine in the classic tort malpractice approach to managing communication to the detriment of injured patients. Mobilizing MediativelyRecently, Mediate.com serialised a jigsaw of 23 pieces by 40 authors in 16 countries, in the form of both articles and author interviews, all part of the over-arching theme Seven Keys to Unlock Mediation’s Golden Age. This articles summarizes those 23 pieces. Mediation and Covid19 Share the Same DNA: Liminality and the Adjacent Possible.The facilitative/ humanistic mediator has a more ambitious goal through the process of containing the parties in a supporting common space until the adjacent door opens to reveal a path forward.
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