Mark Ashworth - ADR Solutions
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Negotiation Articles
Negotiation ArticlesProposal for Standard Explanation in MediationSince writing my recent short article, Courts Should Make Mediations Good Samaritans Not Frankensteins, I have been thinking about how to maximize the substantial benefits of court-connected mediation while minimizing the risks of coercion. Can We Learn to Have More Empathy?Thursday (10 June) was Empathy Day. Schools up and down the UK are running activities around what empathy is, why we need to be able to listen and understand each other’s experience and perspective. Face and MediationWe’ve all heard the phrases “saving face” or “losing face.” How does the concept of FACE play a role in conflict? A Lot of Common Sense and a Little Mazel Can Go a Long WayThis article illustrates how a combination of common sense and good luck can produce a positive outcome in mediation. Being Offended is a ChoiceTaking offense at even minor things is a phenomenon that has been growing steadily over the last several decades. Global Voices Highlight: A Path to Mediation in the Middle EastMediate.com is seeking to highlight new mediators with unique paths into the field. "Most of the old generations in the Middle East witnessed arranged marriages, which escalated into disputes and conflicts afterwards due to the lack of love. This is why I spent most of my childhood mediating between family members, friends, and neighbors so they can solve their issues, and reach collaborative solutions without knowing that this can be a profession one day." Mediation and the 4 AgreementsThe Four Agreements is based on ancient Toltec wisdom which is said to embody the essential unity of truth and described as a way of life. I believe that if we adopt these Four Agreements they will create enough personal power to change the way we mediate and resolve conflict, leading to better and more satisfying settlements for everyone. Changing StandardsMediate.com has been around for over 25 years! During this time we have published thousands of articles, and watched the mediation field grow in numerous unforeseen ways. We have also seen certain mediation standards change and improve. Decline of Dialogue? Galton, Love, and Weiss on Joint Sessions, Caucuses, and the State of MediationIf the point of mediation is to get parties together to discuss and thereby resolve their problems, why is the distinct trend to keep the parties apart? “Noise” is not Bias!I learned a new term recently: noise. Not “noise” as in a room full of people talking loudly, but “noise” as opposed to “bias”. A Mediator’s Take on: Thinking in Bets, by Annie DukeI recently came across a 2019 book about poker that has given me new insights into how I can help parties make good decisions in mediation Diversity at the Mediation Table – How Do We Get There?What do you think? Should there be quotas for training courses, universities, or even mediation sessions? A Mediator’s Guide to Claims Reserves in the Insurance IndustryMediators may encounter a reluctance to settle by one or both parties during the course of a mediation session, but understanding the underlying realities of each party’s position may help break logjams. “A Community for All”You may have seen this recent New York Times story about the failure of Marathon County, Wisconsin, to declare itself “A Community for All.” In the Wake of COVID-19, Hawaii Legislature Passes Bill Requiring Mediation Before EvictionIn April 2021, the Hawaii legislature passed legislation to amend the state’s landlord-tenant code in the wake of COVID-19 and encouraged use of ADR. The Problem With the Label "High Conflict Divorce"It’s generally true in conflict that “it takes two to tango.” In the world of divorce, the fundamental problem with being labelled “high conflict” is how rarely both parties are dancing together. Looking Inside the Brain: Loneliness and ConflictLoneliness is a state of being that has been highlighted over the past year because of COVID-19. What are the dimensions of loneliness and how does it affect the brain? This article will explore these questions and in doing so, provide conflict management specialists with an opportunity to reflect on their current practice and how they can best support a client who is both lonely and experiencing conflict. Imbalance of Power!When negotiating, think about the power dynamics at play and especially where lies the balance of power. Virtual Hearings and Mediations Are Here to StayAs the COVID-19 pandemic recedes, every aspect of our pre-pandemic ways of work is under review. Simply returning to our old ways is not the answer. Effective DisagreementIf we listen to the main stream media, it can often seem as if there is no hope for people of different beliefs, races, religions, politics, gender etc. to be in the same room together much less get along. Reaching the Finish Line: Using a Neutral Facilitator Can Help Lead the Path to ResolutionIn my 25 years of running marathons, I have learned a few critical lessons: Don’t go out too fast. Dispute Resolution with Collaborative LawCollaborative law is the best way for families to navigate tough transitions and here is why. New Mediators' Guidance from Youth ConferenceThis article summarizes the Young Minds, Global Voices Conference. This conference was sponsored by Mediate.com in an effort to hear from newer mediators. These 6 sessions comprised up and coming thought leaders from around the globe, forming a brain trust for how to create peace in ourselves, our community and our world. Mediation and Access to Justice for All: The Case of Unrepresented PartiesLegal systems around the globe are grounded in the rule of law and in theory, justice is available readily and equally to all. In practice, however, access to justice is easier for some than for others, and for those unable to afford legal services, justice may be difficult to obtain. Courts Should Make Mediation Good Samaritans not FrankensteinsUsing a recent California appellate decision as a jumping off point, it identifies problems with mandatory mediation and recommends that courts use good dispute system design procedures to reduce risks of creating Frankensteins – mediation that produces injustices.
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