Mark Ashworth - ADR Solutions
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Negotiation Articles
Negotiation ArticlesLessons from the IroquoisIn our mediation efforts, once we are in the realm of “public policy,” we are inevitably poking our noses into questions of intergenerational equity and “governance” and how authentic collaboration can be achieved or improved. The Faultlines of the Current Ideological Divide - Part 1This article discusses the ideological divide looking at conflict from both a mediator's (Part 1) and a therapist's perspective (Part 2). Mediators Should Have Strategies and Skills to Break ImpassesThis article discusses this concept: “Conflict in divorce cannot be resolved if we don't talk to each other.” People Pleasers in ConflictSome of us have a pattern known as people-pleasing. Not Just Another Set of Lamb Chops!Someone once said to me that while to a butcher a pair of lamb chops is just another set of lamb chops, to a person who has not eaten in a long while, it will be the best meal ever. In sum, it is all a matter of perspective. Bullied or Mobbed? The Dangerous Search for VindicationIn the 9 years since I left my own toxic workplace, I’ve coached and consulted with people in all stages of being bullying or mobbed (bullied by a group). I’m Not Neutral About Neutrality: I’m Partial to Multi-PartialityEmbarking upon the journey of becoming a mediator led me into learning a new language, one that would be spoken both internally – (in how I would think about the mediation participants and their circumstances) - and externally – (in how I would interact with them). 7 Reasons Why You Should Keep CommunicatingMiscommunication plagues divorces in numerous different ways. The Conflict IcebergThe metaphor of an iceberg has commonly been used as a metaphor about conflict. ADR Forms, Methods and PracticesDispute resolution comes in as many forms as there are people in dispute. Responsibility in Mediation: Who has it? - Part 2I love mediation because parties get to probe, understand, make choices, create options and arrive at mutual decisions, saying how they feel about this conflict. Getting a Divorce? Mediate, Don't Litigate.Getting a divorce? You have options that will allow you to pick the right people to help you do that, but there’s no one size fits all choice. Disability Mediation : An OverviewThis article is to give an over view of the use of disability mediation and a case study. The article will highlight some of the benefits of utilizing specialist mediators, confidentiality and why disability mediation works. Measuring Progress on Team Agreements Worth KeepingThe backbone of any project or change effort is the team that’s been entrusted to make it happen. Norms and NonviolenceThis article discusses the impact of gender equality on nonviolent conflict. Responsibility in Mediation: Who has it?Mediation is a wonderful process and I love mediation but I do not want to see it get more complicated with “what mediators need to do” kinds of stuff. Mediation as a Modern Alternative Dispute Resolution Device - part 2In the spectrum of the recognized alternative dispute resolutions devices, mediation is perhaps the most flexible device allowing party control of outcomes through a structured process. See That Lake Over There? Fancy a Swim?Masculine control of our culture is like that woman-eating crocodile: some of us never experience its bite, others see a glimpse of its toothy grin, but it only need destroy one woman once in a while, in order for the fear of it to affect all women. BATNAs: A Practical Tool for Mediators and a RiskUnderstanding BATNAs is especially important in mediation because they provide disputing parties with power. Mediator Ethics: The Quest for Justice LEP Litigants and Bilingual MediationThis article discusses the ethics behind a mediator acting as a translator and drafting an agreement when there are dual languages. The Time for Dispute Resolution Alternatives (DRA) has comeThere was a time, not long ago, when those who found themselves in a dispute had two basic choices: They could either file a lawsuit/initiate some formal complaint process or they could just walk away from the conflict and try to move on. A Modest ProposalI’ve got no satirical purpose in my modest proposal and contrary to eating our young (like Jonathan Swift's original Modest Proposal), it is about learning from our young. Everything Is Important, Still Nothing Is ImportantThis article discusses using socially constructed realism to break through anchored positions in mediation. ODR for All: Digital Accessibility and Disability Accommodations in Online Dispute ResolutionThe promise of online dispute resolution (ODR) depends on accessibility. The Cracks are Where the Light Gets InIf we are able to consider that there is something good to see when a dispute causes us to feel dark and dim, we may be able to have a different and better relationship with conflict and ourselves within it.
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