Mark Ashworth - ADR Solutions
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Negotiation Articles
Negotiation ArticlesConflict Resolution Professionals as Politicians – Gary Friedman's ExperienceHave you ever thought about how different things would be if high level conflict resolution professionals were more involved in politics? Eviction Mediation Insights from Two Successful ProgramsAs efforts ramp up to address the impending eviction crisis, I thought I’d revisit studies of two existing eviction mediation programs (in Minnesota and St. Louis) that were published last year. Cryptocurrency and DivorceNaturally, as a Divorce Financial Advisor, I began thinking how these types of crypto assets were going to impact divorce settlements. We Should Replace Mediation Models with a Unified Conceptual FrameworkA quarter century ago, Professor Leonard Riskin published an article describing a grid of mediator orientations including a facilitative-evaluative dimension. Mediation and Co-Parenting: Why It WorksAs difficult as a divorce can be for a married couple, it can be just as upsetting and confusing for the children of the relationship. Modeling for the World: Five UN Agencies Pledge to Accept Mediation RequestsThe United Nations this week took a big step in modeling conflict resolution for resolving workplace disputes. An Alternative to Litigation – Mediation and the Impact of Non-Verbal CommunicationA skilled mediator will rely on his/her professional expertise to evaluate each mediation's participants and then proceed with the appropriate approach for each mediation session. Progressive Discipline, the Misunderstood Frontier - Part 4Larger companies in the industry have access to formalized systems including human resources departments--what about others? An Offer You Can’t AcceptThis article discusses pitfalls to avoid with settlement offers made under Code of Civil Procedure section 998. Divorce and Property Division: Am I Entitled to More Because my Spouse Ruined Our Marriage?There are a lot of reasons why couples decide to get divorced. Financial troubles, lack of communication, continual arguing, unrealistic expectations, lack of intimacy, infidelity, and abuse are among the more common reasons why couples split up. Consensus Instrument for Work RelationshipsIn view of this article’s theme, which concerns the management of labor conflicts, we will focus in particular on the legal institute of mediation and its effectiveness. Bring Your BeingMediation is the fine art of getting everyone on the same page. To do this, one must bring their whole being to the table, to be present, and to look past their own biases to see the real person on either side of the issue. Mediation Within the Conscious BusinessThe place of mediation in "the Conscious Business" proposed by executive coach Fred Kofman. Does Your Work Culture Promote Psychological Safety?Psychological safety is an important element in successful, productive work cultures. So what does that look like? 5 Smart Financial Tips to Plan a DivorceIt can be easy to get so wrapped up in the details of the present you forget about what is next. Do not make that mistake! How you Approach a Disagreement MattersSeparation is challenging; going through a separation during a pandemic can be more challenging. The History of Mediation and Why It Is Still in Use TodayTo understand mediation, you must examine the reason behind having a mediator. International Patent Litigation and MediationAs many of you may know, mediation is not used as often as it should be to resolve international patent litigation. But is this also the case within the industry? Amendments to the LCIA Mediation Rules, 2012 – Keeping Up with the Changing TimesMediation, in general, is a more informal and less widely used procedure than arbitration. Mediate is Top Ranked Mediation WebsiteMediate.com is ranked the top mediation website by Alexa in its April 14, 2021 global website rankings. In business since 1996, Mediate.com has over 25,000 searchable mediation articles, blog posts, news items and videos and hosts the most utilized mediator directory in the world. Trust and Rapport - ODR Style!One of the most important things a mediator must do- if not the most important- is to build trust and rapport with the parties. In pre-Covid days, this was a bit easier; the mediator could sit face to face with each party and schmooze. Reflection as a Manifestation of Recognition Beyond Relational Weakness and Self-AbsorptionWhile debriefing immediately after a co-mediation, an interesting question arose: “Does a reflection always have the same function regardless of the context?” Shovel 3: The Big OneIn getting ready to continue digging up the return of Traditional Mediation, I read Rachel Gupta’s article on this site and I am grateful to her for writing it. Using Text Messages and Emails in Mediation, Family, or Divorce CourtA guide on best practices related to the collection and use mobile evidence and the software options available best suited to assist. 20 Ways to Improve UNFCCC Meetings and Climate Change NegotiationsIn preparation for the next international meeting on climate change in Glasgow in November 2021, it is important to begin thinking together, not only about outcomes, but ways of improving the process of meeting, discussing, and negotiating agreements on climate change.
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