Mark Ashworth - ADR Solutions


Negotiation Articles

Negotiation Articles


Online Dispute Resolution (ODR): A Viable Solution to Speed and Efficiency Issues in ADR

(8/07/20)Morenike Obi-Farinde

Disputes generally are an integral part of human interactions arising from different human transactions

Mediation During the Coronavirus: Putting Things in Perspective

(8/07/20)Kathleen Young

Learn about a cyclist's positive perspective during Covid-19. Mediation provides a place for clients to gain perspective and, eventually, resolution.

The Enugu State Multi-Door Courthouse (ESMDC)

(8/07/20)Chichi Umegbolu

The journey taken by the Lagos Multi-Door Courthouse (LMDC) from when it first started till now is a clear indication that there is a buy-in from all stakeholders and disputants that ADR through the LMDC works because of its success story -with access to justice as some literature has revealed.

Trust Must Be Earned; Trust is Fragile

(8/07/20)Larry Ray

At the heart of any dispute resolution process is Trust.

Mediation Practice in India: An Ineffective Regime

(8/06/20)Sandhya Swaminathan

The reality of mediation practice in India is in stark contrast to mediation taught in theory.

If a Crime is Admitted, What Then?

(7/31/20)Rich Smukler, Gabriela Szlak

If a person during a caucus session tells the mediator that he committed a crime which had nothing to do with the case in mediation, what does the mediator do?

Housing, Transforming Community in Times of COVID-19

(7/31/20)Roger Moss, Carole Conn

Conflict Intervention Service: Transforming Lives, Transforming Affordable Housing, Transforming Community in Times of COVID-19

Conflict Coaching: Seven Essential Questions

(7/31/20)Andrew Kitchenham

This article presents Bungay Stanier’s seven essential questions to focus on in a conflict coaching situation.

1st Key-Leadership: Adopt The Edinburgh Declaration

(7/30/20)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

(7/30/20)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 Conflict Iceberg

(7/28/20)Cinnie Noble

The metaphor of an iceberg has commonly been used as a metaphor about conflict.

Feedback, Hot Buttons, and White Fragility

(7/28/20)Lorraine Segal

Being open to difficult feedback, even about racism, can help you grow.

2nd Key-Data: Develop a Negotiation Index

(7/28/20)Michael Mcilwrath

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

Listening Sticks

(7/25/20)Michael Jacobs

The Listening Stick beliefs show up in mediation.

REACH the Three Components of Self-Determination

(7/25/20)Uma Ramanathan

Conflict is inherent and pulsating in every situation or aspect of life.

In an ODR World, Is the Time Right to Switch to Multiple Shorter, Staggered Mediation Sessions?

(7/21/20)Frank Burke

I believe it is time to start a conversation about whether shorter, staggered sessions ought to be considered a best practice when mediating civil and commercial cases via videoconference.

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

(7/20/20)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

(7/20/20)Mark Appel, Wolf von Klumberg

This article discusses the importance of bridging mediation and arbitration.

BATNAs and the Emotional Pains from “Positional Negotiation”

(7/17/20)John Lande

If you have problems with BATNA theory, you aren’t the only one.

Online Dispute Resolution: You Can Do This!

(7/17/20)Charlie Young, Bob Wright

Aspects of ODR have been with us in one form another for decades.

Using E-Mediation and Online Mediation Techniques for Conflict

(7/17/20)Maliha Safiullah

Where medicine may have been conventional, the most conservative profession is often thought to be law.

Use Mediators and Police as Conflict Resolution Partners

(7/16/20)Forrest (Woody) Mosten

In recent efforts to improve law enforcement’s role in serving our communities, a major issue is whether police departments can be assisted or replaced by professionals better suited to handling citizen calls on some issues.

Reflective Practice - Observing Mediator Language

(7/16/20)Jonathan Rodrigues

The art and craft of mediation, like many other skills, mainly matures from the myriad mistakes mediators make on their way to meticulously mastering the process.

Recent Court ADA Case Review for Conflict Resolution Practitioners

(7/16/20)Heather Kennedy

This paper discusses the emphasis of Alternate Dispute Resolution in the field of ADA and Disability Discrimination and then provides a more detailed review of recent Title I and Title III cases.

The Second Mediator? The Role of Mediator’s Assistant

(7/16/20)Charles Mak, Carrie Shu Shang

This article examines possible ethical implications of using a mediator’s assistant considering current mediator obligations.

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