Mark Ashworth - ADR Solutions
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Negotiation Articles
Negotiation Articles“What Should I Wear?” - Making Choices and Online Dispute Resolution To The RescueSteve Jobs famously wore the same black turtleneck, blue jeans and New Balance sneakers every day. Do you know why? “When Patterns are Broken, New Worlds Emerge”The relevance of this quote by Tuli Kupferberg to interpersonal conflict may not be immediately evident. Negotiation will not Fix SexismLet’s start with the obvious–it pains me to realize that negotiation can’t fix everything. Conflict Management Lessons from Improv TheaterCan the rules of improv theater help us with conflict? Court Ordered Mediation and Informed ConsentStandard I of the Model Standards of Conduct for Mediators is entitled "Self-Determination" and admonishes us that "a mediator shall conduct a mediation on the principle of party self-determination." Working with Financial NeutralsOne of the hardest problems that a divorcing couple may face is how to divide up marital property. How Much Money Does Mediation Save Companies?By turning their faces from the legal system, many companies have saved fortunes in the money and time that legal proceedings require. Health Systems and the Benefits of Early Dispute ResolutionRecognizing Common Internal Issues That Often Escalate Into Disputes and How ADR Can Help. “Double Hatting” under Med- Arb: A Comparative AnalysisOver the past few years, the concept of blending mediation with arbitration has attracted attention in the international arbitration community. The Surge in Workplace Disputes Under Disability Discrimination Laws: Good News or Bad News?I have been wondering—as we are well into our second year of the pandemic—whether the relationships between employees with disabilities and their employers are changing in unanticipated ways. Domestic Violence and Family MediationDomestic violence is a prevalent problem in Canada. Unfortunately, family violence is a genuine reality for many families. Do You Love Yourself Enough So No One Dares to Hurt You?This article is a mantra for those who are navigating difficult conflicts. Managing and Resolving Conflicts in Remote TeamsHandling remote teams can become quite a challenging task at times, especially when a conflict arises. Strathclyde Mediation Clinic: A decade of dedication to mediation in ScotlandThe Mediation Clinic attached to the University of Strathclyde (“The Mediation Clinic”) in Glasgow, Scotland, recently won the ‘Community Contribution Award’ at the Scottish Legal Awards 2021. This is an article discussing the program. TranscendentI’ve been fortunate to be a part of mediations where there have been healings and complete changes of heart among the parties. What are the commonalities? What are the Qualities of a Good Mediator? - videoHave you ever asked yourself, what are the qualities of a good mediator? ERRR On the Human Side of Mediation Encompassing Empowerment, Recognition, Reflection and RespectThis article is an open invitation to the Opposing Party. Mediation and Business Crisis in Italy, 2021. Where's the training?On August 25, 2021, Law decree 118/2021 came into force concerning the prevention/management of business crisis. A crucial aspect has been neglected, the training in negotiation and mediation techniques. Bellwether Mediations As An Alternative To Bellwether TrialsConceptually, the goal of bellwether mediations is the same as that of its counterpart (a trial): to develop an objective way to value a disparate set of cases to facilitate settlement. "Never Ruin an Apology with an Excuse"This quote by Kimberly Johnson is a good one to consider when it comes to asking forgiveness, giving an apology, and otherwise trying to make amends. Overcoming The Sunk Cost Fallacy and Its Untoward Impact on Settlement Dynamics"I’ve spent over $300,000 in legal fees and two years of my life to get here. Obviously, my lawsuit must be worth more than my investment in money, time, energy, stress, and opportunity costs." SHOVEL 5 - Whose Fear is it AnywaySomewhere along the mediation trail, process change appeared. This change became a big drift from traditional mediation and led to the shuttle system. Why Have a Disclosure Protocol for Mediation?I’ll describe the process we’ve used and report on the status of the Universal Disclosure Protocol for Mediation (UDPM), but first let me address the fundamental question that prompted us to begin work in the first place: why do we need a universal protocol for disclosure in mediation? Dance of Opposites - Book ReviewThe Dance of Opposites, a new book by Dr. Kenneth Cloke, will change your life. You will never view conflict the same way again. If you only read one more book on the theory & practice of Conflict Resolution, make it this one. Preparing and Paying for QDROs in DivorceThe responsibilities of a plan administrator include reviewing QDROs or DROs and then distributing the funds to the non-plan participant spouse once they have approved the order--which become difficult in a separation.
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