Mark Ashworth - ADR Solutions
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Negotiation Articles
Negotiation ArticlesLine in the SandYou have likely heard the metaphor about drawing a line in the sand, and might have used it yourself to set boundaries. Have Empathy like Eleanor (and be Perceptive like Princess Diana)My next examples of negotiation skills come straight from the pandemic–and by that I mean watching television for hours during the pandemic! CPRAM21: Committing to More Diversity in ADRIf you missed the 2021 CPR Annual Meeting in January—the first free public meeting held online in the organization’s 40-year history—the videos are being posted on CPR’s YouTube Channel. Courage is a ChoiceIt is a choice to be courageous in family conflict, and an important one. How Do We Tell our Friends We’re Getting a Divorce?Recently I had a client ask me, “How do we say to our friends we’re getting a divorce?” CON·FLICTThis article discusses the importance of sticking your neck out during conflict. Using Mediation to Develop a Prenup that Satisfies Both PartiesMy last mediation of 2020 was for a prenuptial agreement, and to me it was kind of a sign of hope for the year to come. Adversarial Ethics and the Responsibilities of Mediation AssociationsAdversarial ethics, or the ethics of competition, are an unfortunately overlooked field of moral philosophy. A Tale of Two Pilots: A comparison of civil justice innovation in New York State and England & WalesTwo recent announcements of pilot programs on either side of the Atlantic bring in to sharp focus steps being taken to bust the Backlog of civil cases in two jurisdictions. Ways to Practice Building Your Emotional IntelligenceEmotional intelligence (EQ) plays a major part in negotiation. Why are LGBT+ Employees Still More Likely to be Involved in Workplace Conflict?New CIPD research suggests that more than four in 10 LGBT+ employees have experienced workplace conflict in the past year. Keeping the Marital Home in Divorce and Pitfalls for the UnwaryIn most marriages there is a marital home/the kids' childhood home and it’s often the largest asset--and the largest source of conflict. How to Find Help From Domestic ViolenceThis article looks at how to prevent violent conflicts, especially while quarantined. Lawyers are from Mars, Clients are from Venus– and Mediators Can Help Communicate in SpaceLitigation often is extremely stressful for clients, and the process aggravates feelings of loss and grief, which interfere with their ability to negotiate effectively and reach agreements. A First-Hand Experience with My Premarital AgreementOne of the questions I used to get asked most often by my clients was whether I was married, and until recently, the answer to that had always been no, which then often their follow-up question was, are you ever going to get married? The Ten or Twelve Top Reasons (More or Less) for Not Mediating a Dispute - RevisitedAt the beginning of a new year, it seems a good time to look back on some of the common excuses, sorry, reasons, for refusing to mediate that occasionally continue to circulate especially in litigated cases. Why are Lawyers Good Mediators?In court, a lawyer’s role may be likened that of the client’s champion, and in most cases they represent their clients with great focus and passion. H.E.R.E are the Steps You Need to Take to Have a Transformational, Conflict-Positive ConversationBy the time Lee visited HR to request a mediation, he was frustrated and mad. Valentines Day and DivorceValentine’s Day; the most romantic day of the year. Some love it, some hate it, but you cannot deny that Valentine’s Day is synonymous with love, affection, adoration, chocolates, and flowers. Timing is Everything AgainThey say that in real estate the key is “location, location, location.” It could certainly be argued that in mediation the parallel is “Timing, timing, timing.” Open- v Closed-Ended QuestionsI’m about to teach a bit on interviewing and counseling and am using a fun video on different types of questions courtesy of my nieces. CPRAM21 Keynote: CNN’s Dana Bash on Negotiations, Conflict Resolution, and Truth TellingThe International Institute for Conflict Prevention and Resolution opened its 2021 Annual Meeting Wednesday afternoon with remarks from CNN’s chief political correspondent, Dana Bash. Five Principles to Maximize Chances of Success in MediationAs a current mediator who has for years also been litigation counsel representing clients in mediation, I have noticed that there may sometimes be a disconnect between what mediators and litigators each expect from mediation and from each other. Tips for a Productive Divorce MediationIt’s a common mistake for divorcing spouses to confuse mediation with couple’s therapy. The Opportunity of RejectionFear of rejection can inhibit ones possibilities to reach full potential in life and in the mediation room. Based on an experiment of actively seeking rejection, what can a mediator learn from the connection between conflict and rejection?
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